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HomeMy WebLinkAbout2023-04-04 Ordinance Item Number: 10.a. CITY OF OF IOWA CITY � fil COUNCIL ACTION REPORT April 4, 2023 Ordinance rezoning approximately 13.00 acres of property located within the JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions and between Mormon Trek Blvd. and Dane Rd. SE from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) (REZ23-0002). Attachments: Staff Report w Attachments.pdf David Schapira Correspondence - 3/21.pdf City Council Correspondence 3/21 - Emily Droll, Linda Holmes Dallman, Jacquolyn Clingan, Leta McCabe, Jane Driscoll, Janet Dane Driscoll City Council correspondence (3/20 late handout) - Jane Driscoll.pdf City Council correspondence (3/21 late handouts) - Diane Thayer .pdf City Council correspondence 4/4 - Janet Martin.pdf City Council correspondence 4/4 - Iowa Natural Heritage Foundation.pdf City Council correspondence - Dennis Mitchell.pdf City Council correspondence 4/4 - Alparslan (Apl) Zora.pdf REZ23-0002 Ordinance.doc STAFF REPORT To: Planning and Zoning Commission Prepared by: Parker Walsh, Associate Item: REZ23-0002 Mormon Trek Planner Date: March 1, 2023 GENERAL INFORMATION: Applicant/Owners: CGGRB Realty Holdings INC Donna Allegra Dane Harold John III Dane Helen Elizabeth Dane 1111 E River Drive Davenport, IA 52803 D & P Property LLC 526 Woodridge Avenue Iowa City, IA 52245 James R. Davis 4097 Kitty Lee Road SW Iowa City, Iowa 52240 Shottenkirk I C R LLC 309 S Gear West Burlington, IA 52655 Contact Person: Jon Marner MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Requested Action: Rezoning Purpose: Rezoning of approximately 13.00 acres of land from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) Location: 2650 Mormon Trek Blvd, JJR Davis Second Addition Lots 2-4, and JJR Davis Fourth Additions Lots 1-4 Location Map: ar �� or 2 Size: 13.00 acres Existing Land Use and Zoning: Commercial Office Zone (CO-1) Surrounding Land Use and Zoning: North: Neighborhood Public Zone (P-1) South: Intensive Commercial Zone (CI-1) East: Neighborhood Public Zone (P-1) West: Intensive Commercial Zone (CI-1) Comprehensive Plan: Public/Semi-Public and Office Commercial District Plan: South Central District Plan: Intensive or Highway Commercial and Office Park/Commercial Neighborhood Open Space District: S1 and SW2 Public Meeting Notification: Properties within 500' of the subject property received notification of the Planning and Zoning Commission public meeting. A rezoning sign was posted on the property on the corner of Grace Dr. and Mormon Trek Blvd. File Date: February 16, 2023 45 Day Limitation Period: April 2, 2023 BACKGROUND INFORMATION: The applicants have requested a rezoning of approximately 13 acres from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) located east of Mormon Trek Blvd along Grace Drive, Iowa City, Iowa. The property currently contains PIP Printing and Marketing Services and Edward Jones Financial Advisor located at 2650 Mormon Trek Blvd. The remaining subject property along Grace Dr, and Eagle View Dr. is undeveloped with no development anticipated at this time. The subject property was platted in 2005 for 4 commercial lots and an outlot. In 2007 the property was replatted to include 4 additional lots originally platted as Outlot A, for a total of 8 lots. Also in 2007 the subject property was rezoned from Intensive Commercial (CI-1) to Commercial Office (CO-1). The purpose of the rezoning was to find a zone that would provide more land use options, namely office and eating/drinking establishments, as the 2006 Iowa City Zoning Code update removed allowable uses from the CI-1 zone. The applicant initially worked to rezone the subject property to Community Commercial (CC-2) before staff determined that such a rezoning would make PIP a nonconforming use. Staff instead recommended the CO-1 rezoning that could provide office uses,while also ensuring that PIP would remain a conforming use under the Personal Service use category. PIP had also requested a special exception in 2006 to allow up to 12,400 square feet within the proposed building for printing purposes. A rezoning back to the initial CI-1 zone at which PIP began development would not interfere with the 2006 special exception. 3 The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighborhood representatives. ANALYSIS: Current Zoning: The property is currently zoned Commercial Office Zone (CO-1). The purpose of CO-1 is to provide specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses may be developed in accordance with the comprehensive plan. The CO-1 zone can serve as a buffer between residential and more intensive commercial or industrial areas. To the north of the subject property is the Iowa City Municipal Airport. The Airport has established airport zones, which may have regulations with further restrictions than what is outlined in the base zone. The subject property is located within the Transitional Overlay (TO) Zone per the Airport Zoning Map. According to the City Airport Manager additional height restrictions may apply to the subject property. Specifically, the maximum building height for lots north of Grace Drive can be expected to align with what was allowed for PIP Printing, which was 187' above grade at its tallest point. This may not be an exact height restriction for future development on lots north of Grace Dr. as official FAA and Airport review would be necessary for development within airport air space. Proposed Zoning: The request is to rezone the subject property from the existing CO-1 to Intensive Commercial (CI- 1) zone. The purpose of CI-1 is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The CI-1 zone would provide an increase in maximum building height from 25' to 35', as well as more land use opportunities than what is currently allowed in a CO-1 zone. Additionally, the two existing businesses at 2650 Mormon Trek Blvd., PIP (Personal Service Use) and Edward Jones Financial Advisor (General Office Use), would remain permitted uses in a CI-1 zone. Table 1 below shows the allowable uses in both CO-1 and CI-1. Table 1: Uses Allowed in Commercial Zones Uses Categories Commercial Office Intensive Commercial Residential —AssistedGrou Living PR S Residential — Group Household PR Residential — Multi-Family PR Adult Business PR Animal Related Commercial — General S PR Animal Related Commercial — PR Intensive Building Trade Uses P Commercial Recreation — Indoor PR/S P Commercial Recreation — Outdoor P Drinking Establishments PR Eating Establishments P Office - General P P Office —Medical/Dental P P Quick Vehicle Servicing PR/S 4 Retail—Alcohol Sales P Retail— Hospitality PR P Outdoor Storage and Display P Retail— Personal Service P P Retail— Repair P Retail—Sales P Surface Passenger Service P Vehicle Repair PR Industrial Service P General Manufacturing PR Heavy Manufacturing S Technical/Light Manufacturing PR Self Service Storage P Warehouse & Freight Movement P Wholesale Sales P Basic Utility PR/S PR/S Community Service — Long Term PR/S PR/S Housing Community Service —Shelter S S General Community Service P S Daycare PR PR General Education PR Specialized Education P S Hospitals PR Parks and Open Space PR Religious/Private Group Assembly PR P Utility Scale Ground Mounted Solar S S Communication Transmission Facility PR/S PR/S P= Permitted, PR= Provisional, S = Special Exception Rezoning Review Criteria: Staff uses the following two criteria in the review of rezoning: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. Consistency with Comprehensive Plan: The IC2030 Comprehensive Plan identifies the subject property as suitable for Office Commercial and Public/Semi-Public use. The Comprehensive Plan also states that"in addition to the District Plans, the neighborhood design principals should be considered when interpreting the land use map'. The Comprehensive Plan goes on to state, "use the District Plans to identify appropriate commercial nodes and zone accordingly to focus commercial development to meet the needs of the present and future population". Staff found that the District Plan and neighborhood design principles support the proposed rezoning. The South Central District Plan FLUM has the subject property designated as Intensive or Highway Commercial or Office Park/Commercial. The subject property is known in the Plan as Subarea B, which is a commercial corridor intended for a mix of retail, office, and other business. The Plan also notes that"Intensive Commercial or Office Commercial uses on the east side of Mormon Trek Blvd. would be most compatible with the Iowa City Airport'. At the time when the South Central District Plan was originally adopted (2000), Intensive Commercial was primarily intended for outdoor storage uses such as car dealerships, contractor yards, and manufactured housing sales. However, in the years since the Plan's adoption, the Intensive 5 Commercial zoning designation has expanded its allowable use categories, which better fits the intent of the Plan for a mixture of commercial uses in this major commercial corridor. Additionally, the neighborhood design principles note the importance of compatible infill. Quality infill development plays an important role in neighborhood reinvestment. The 2007 rezoning from CI-1 to CO-1 was intended to provide more opportunity for development, namely an office park, after the 2006 Iowa City Zoning Code update removed office use as allowable from CI-1 zones. Since this time, the subject property has remained undeveloped, aside from PIP which was undergoing development prior to the 2007 rezoning. The Iowa City Zoning Code has since been updated to include office use, among others uses, to be allowed within a CI-1 zoning designation. Additionally, when considering infill development, one of the Comprehensive Plan goals is to "ensure development is compatible and complementary to the surrounding neighborhood". The surrounding neighborhood includes CI-1 zoning to the west, which includes the auto dealership Billion Auto, and undeveloped CI-1 zoning to the south, unincorporated residential to the east, and the airport to the north. To the northeast is largely residential with commercial uses along Highway 1. Although there is no development proposed as part of the rezoning, a rezoning to CI-1 may provide more opportunities to serve the community in the southwest part of town, as well as travelers along a major city entryway. Compatibility with Existing Neighborhood Character: The South Central District Plan states that"Intensive commercial or office commercial uses on the east side of Mormon Trek Boulevard would be most compatible with the Iowa City Airport, and the planned industrial area to the east. Residential uses should be minimized at this intersection of two major highways and in the vicinity of a primary airport runway". Additionally, as previously mentioned, property to the west, south, and northeast of Highway 1 are currently zoned CI-1. No development is proposed at this time; however, if rezoned to CI-1, future development would be held to the same Zoning Code standards of much of the surrounding neighborhood. Access and Street Design: Access to the subject properties is provided off Mormon Trek Blvd. through Grace Dr. and Eagle View Dr. According to section 14-5C-6A, direct lot access to an arterial street will only be granted upon presentation by the applicant of convincing evidence that an alternative means of access is not feasible from an intersecting local or collector street or through means of a cross access easement. Existing lots will be required to access through Grace Dr., Eagle View Dr., or Dane Rd. SE. No lot access off Mormon Trek Blvd. will be permitted. Additionally, there is an existing parcel of land located along Dane Rd. that was vacated in 2006.The vacation was due to the City acquiring land at the end of the runway and wanted to remove the Dane Rd connection that extended to Highway 1. As a condition of the rezoning staff recommends that the vacated parcel be dedicated back to the City as right-of-way to ensure a consistent and safe traffic flow that does not end in a dead-end with no available turnaround along Grace Dr. and Dane Rd. Furthermore, staff believes the subject parcel was allowed to be vacated in error and the proposed rezoning creates an opportunity to correct this error. SUMMARY: In summary, Staff supports the rezoning from Commercial Office (CO-1) to Intensive Commercial (CI-1). Rezoning to the less restrictive CI-1 may provide quality infill development and reinvestment opportunities as desired by the Comprehensive Plan. Staff believes that due to zoning code changes since the time of the 2007 rezoning, CI-1 would provide the land use flexibility initially desired, such as office use, eating establishments, etc. Additionally, the rezoning is supported by the South Central District Plan, which identifies a CI-1 zone as a 6 suitable option to provide a commercial corridor intended for a mix of retail, office, and other business. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration by the City Council. STAFF RECOMMENDATION: Staff recommends approval of REZ23-0002, a proposal to rezone approximately 13 acres located east of Mormon Trek Blvd. and along Grace Dr. from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) subject to the following condition: 1. Prior to issuance of a building permit, Owner shall: a. Dedicate to the City, without compensation, right-of-way along Dane Rd. SE ATTACHMENTS: 1. Location Map 2. Rezoning Exhibit 3. Applicant Statement Approved by: .J - c l Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services i K ; Ww n I 41 , 3S P}J Rue(] m `U 0 3 d d � W � O c y f cz czN \ 3 6y a+ ` Y \ \ ♦ 9 . ` m O AA V l' ✓ '�� �� tC o yy s a w N _ y O r ..V. r ✓4-� NN tC C. N y Y O m c U - a o Z F N ^ a 2 Z `3 E Z 0 Z Z UN O a x m O QZQ U m w a K ODO tto o�g� 6 es F a5 `30 �v3z p Q W 666 0 L - `o ,i ttF p¢Z-zE4 W=Z. i1.• 'oma A- 9 pc o .QM _ _ wtta 0 000gga` mo<b:` d�oda d - 3a `� v- .0.30 o3oq w z Z L - '� B Q iA em o W> 6864 zz to oi�o Z luV 0E N Z o Oo `„ 9�'J•o ® O 99. 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On behalf of Billion Auto we are submitting a request for a Rezoning for Lots 1-4 JJR Davis Second Addition and Lots 1-4 JJR Davis Fourth Addition. The described land consists of 13.00 acres in total. We are proposing a change of the land use from Commercial Office to Intensive Commercial. We feel this amendment is appropriate given the immediate access from the property to Mormon Trek Boulevard which provides a direct route to Highway#1 and Interstate I-380. In addition, the adjacent properties to the south and west are currently zoned CI-1 and the Iowa City Airport adjoins the northerly portion of the site. b C If you have questions or require any additional information, please contact us accordingly. QJ C Respectfully submitted, d C Kelly J. Beckler. MMS Consultants, Inc. O 8686-007L1.DOCX T Ln C to ro J v v C C W .5 U Insurance Exchange Building Suite 444 Phone:515-288-1846 505 Fifth Ave. Fax:515-288-0137 Des Moines,Iowa 50309 e-mail:]nein@inhf.or¢ ***.inhf.orV February 27, 2023 Danielle Sitzman, Development Services Coordinator City of Iowa City 410 E. Washington St. Iowa City,Iowa 52240 Via email: danielle-sitzman(a.owa-city.org RE: Future Dane Family Park and nearby rezoning proposal Dear Ms. Sitzman: It has come to our attention that there is a re-zoning request for land along Mormon Trek Rd and Eagle View Dr. As the city plans the future growth of this area please know that the land currently held by the George Dane Trust(outlined in red below) is bequeathed to the Iowa Natural Heritage Foundation(with a life estate for his children and grandchildren). INHF and the City Parks and Recreation staff have discussed the future park and open space concept periodically over the years. This property sits on a high point and has wonderful scenic views of the surrounding land, especially towards the airport and river valley. George Dane's vision for the park is simple outdoor play and low intensity activities such as picnicking, stargazing or kite flying.While it will be a few years before his 2001 dream is realized, the growth of the city keeps encroaching. Planning for quality experiences at a future public park now is even more important while development encloses, surrounds, and impacts the area. E 1 i d With this future plan in mind we wish to request your serious contemplation of zoning changes that would negatively impact the future park-especially from a traffic and lighting standpoint. The proposed expansion of the auto dealership is especially concerning because of the excessive light trespass that will ultimately occur. We fully understand that the area is proposed for commercial development but would ask that the city planning staff and commission take into consideration the long-term impacts to an open space and park area that will ultimately benefit residents,business workers while providing a refuge for wildlife, birds and pollinators. Thank you very much for your consideration. Sincerely,L— Lisa Hein Senior Director for Conservation Programs cc: Jane Driscoll jdriscol&aol.com Tyler Baird tiller-baird(a�iowa-ci .or MAdwes`O MANAGEMENT Trust Services,PO Box 17110,lows City,IA 52244 MhfflestOne.hank February 28, 2023 Planning& Zoning Conunission City of Iowa City 410 E. Wa shington Street Iowa City,]A 52240 Re: REZ23-OC42 George R. Dane Family Trust Dear Members of the Planning and Zoning Commission: I am writing to you on behalf of the George R. Dane Family Trust (the "Dane Family Trust")regarding Application REZ23-4002 to rezone approximately 13 acres of land from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CT-1) near Grace Drive and Eagle View Dr. off Mormon Trek Boulevard. The Dane Family Trust owns the approximately 17.58 acres of land at 4120 Dane Road SE, which is adjacent to the rezoning, The Dane Family Trust is opposed to the proposed rezoning. The farm located at 4120 Dane Road SE has been in the Dane family Far nearly a century, and most recently was owned by George and Marjorie Dane prior to passing it to the Dane Family Trust as part of their estate plan. Pursuant to the terms of the trust,once the property is no Iongex occupied by certain family members, it shall be used as a park for the benefit of the community. I wouId note this parcel of land has a beautiful view, and should be a real asset to the community as a park and recreation area. Our concern is that the CI-1 zone allows uses not compatible with the either the future use as park or the current residential farming use.My understanding is that George Dane ,was very involved in the 2047 rezoning which changed the zoning from CI-1 to the more appropriate CO-1 for these areas. The possibility of reversing this rezoning from approximately 15 years ago, and the impact on the future gift of this land for a park, is concerning for the trust and its beneficiaries. Member FOIL On behalf of the Dane Family Trust we ask that you not approve Application REZ23- 0002. Thank you in advance for your time and consideration. Best regards, L4"-, Dennis J. Mitchell Vice President,Trust Officer Direct Line: (319) 356-5824 Email: dmitcheWmidwestone.com DJM/ Encl. Copy to: Anne Russett, City of Iowa City JuIi Seydell Johnson, City of Iowa City Iowa Natural Heritage Foundation MidVV6 s1 Qn e,pa nk Wmhw F1mC P h III I I Ili MARKETING/SIGNS/PRINT Locally Owned and Operated Since 1980 March 1, 2023 Planning & Zoning Commission Meeting Subject: Request for rezoning History In January, 2007, PIP Printing moved into their new building located at 2650 Mormon Trek Blvd. The property is owned by D & P Property LLC. Daniel L Tiedt and Pamela J Tiedt, equal members. The building is a Class A office building and the zoning was CO1 for the PIP Printing building and the lots along Grace drive to the east and south of the PIP building. The idea at the time was all of those lots would be developed with businesses that would fit in the CO1 zoning. That did not happen. Actually there has been no new buildings built on those lots since PIP built in January, 2007. PIP Printing is considered as an Office use. H. Office Uses H.2.a, General Office: "mailing and copying services, quick printing services" That classification is permitted in both CO1 and C11. This is a part of Iowa City that has been underdeveloped for a long time. D & P Property LLC, would approve a zoning change from CO1 to CI1 with the attached letter. I 1 I I I 2650 Mormon Trek Blvd Iowa City IA 52240 P 319.337.6431 F 319.351.4828 www.pipic.com D & P Property LLC. 526 Woodridge Ave. d Iowa City, Iowa 52245 March 1, 2023 Anne Russett Senior Planner City of Iowa City 410 East Washington Iowa City, Iowa 52240 Subject: Zoning Change from CO-1 to CI-1 This letter is to confirm that D & P Property LLC. Would approve a zoning change from the current CO-1 To a new zoning of CI-1.This is for parcel 1020180004 that D & P Property owns. Also to confirm the current tenants of this parcel are PIP Printing, Department of VA Hospital and Edward Jones.These current tenants would all be acceptable in a CI-1 Zone Thank you 1 Daniel L Tiedt Pamela J Tied D & P Property LLC. (Member) D & P Property LLC. (Member) FINAL DOCUMENT- MARCH 1,2023 Y From: Anne Russett To: Parker Walsh Subject: Fwd: Zoning of Dane Farm near Monson Trek Road Date: Tuesday,March 7,2023 2:26:30 PM For the case file. Thanks. Get Outlook for iOS From: Geoff Fruin <GFruin@iowa-city.org> Sent:Tuesday, March 7, 2023 1:52:20 PM To:Tracy Hightshoe<THightshoe@iowa-city.org>; Danielle Sitzman <dsitzman@iowa-city.org>; Anne Russett <ARussett@iowa-city.org> Subject: FW: Zoning of Dane Farm near Mormon Trek Road FYI, no response needed. From: DAVID SCHAPIRA<vietvetssg@corn cast.net> Sent:Tuesday, March 7, 2023 9:32 AM To: *City Council <CityCouncil@iowa-city.org> Subject:Zoning of Dane Farm near Mormon Trek Road A **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Ladies and gentlemen, my name is David Schapira. I was informed, yesterday, that land involving the Dane property, near Mormon Trek Rd. is being considered for business concerns, as opposed to turning the land into a park. I was very unhappy hearing of this, as I have known members of the Dane family most of my life. As a teenager, I enjoyed going to the Dane Farm to pick fruit, and ALWAYS had a great time. The Danes, as I understand it, want to use the land as a park, once they have moved on. What a WONDERFUL idea! I was told that business concerns want to turn the land into into business concerns. Ol that is a VERY distraught idea, as far as I'm concerned. I say this because I was recently visiting a very good friend in Mesa, Arizona, who had moved to Mesa a few years ago. His housing development was peaceful and quiet, and he and his senior neighbors all found tranquility AND happiness in their surroundings, developed for senior living. Recently, however, that community of happiness is being threatened AND isolated as businesses have decided to invest in acres and ACRES of space in which they can build huge, ugly storage warehouses. He is, understandably, upset as he sees them as just being huge eyesores, making the aesthetics of his part of Mesa disappear. He has, recently, found out that Big Business is also intending on putting in expansive operations in his, once peaceful, area. This will cause even more isolation for his community of retirement houses. My feeling is that what business people are proposing for the Dane land will become Iowa City's eyesore of ugly warehouses and big business ventures and will be placed on some of the most peaceful and beautiful land in all of Iowa City, the Dane Farm area. I grew up in Iowa City, and am a City High graduate. I served as a Search and Destroy Staff Sergeant of a combat platoon in the jungles of Vietnam. I taught for 32 years in a tough Inner City school in Phoenix, but moved BACK to Iowa City for the tranquility and beauty of the town I knew. I know ugliness in life, and as a citizen, again, of my beautiful hometown, I would REALLY not appreciate business people turning a most beautiful area, like the Dane Farm has been to me for many, MANY years, into a stale, desolate, and just plain ugly business venture. I implore you, our city's wonderful council people. to reject ANY effort to make this the Mesa-type area that my good friend, living in the Phoenix area, has had to come to witness. Let Iowa City stay beautiful, and have Big Business go elsewhere to de- beautify an area with ugly warehouses and Big Business ventures. Thank you for reading this, and I pray you make the right decision for us who have known Iowa City as a wonderful place to live and raise families. Sincerely, David Schapira City High graduate of 1964 Kellie Fruehling From: Emily Droll <emsersol @hotmail.com> Sent: Wednesday, March 8, 2023 8:44 PM To: *City Council Subject: Proposed Rezoning of Property East of Mormon Trek RIStt **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Good Evening, My name is Emily Droll, and I am a native Iowa Citian- proud to still call this city my home and a place I have chosen to raise my children. In both my years as a youth, and for those of my children, we have participated in 4-H and have experienced the direct benefit of what the land the Dane homestead has had to offer as a private residence. For decades,they have opened up the property to youth to learn from the land and experience the breathtaking views that are some of the last unobstructed in Iowa City. The Dane farm is the last non man-made place you can watch fireworks with a 360 view! If you haven't been able to experience the view and tranquility the farm has to offer, I'd encourage you to take a visit to the property. I'm sure Janet would welcome you;they are so very proud of their near century farm. The Dane family,as I'm sure you are aware has contributed more than I can list to both Iowa City and Johnson County- with the final act donating this beloved property to be dedicated as a park, so that all citizens and visitors have the opportunity to experience what two generations of my family have been so fortunate to experience.The City has a unique opportunity here to marry the history of this land and it's future as a public space-but to do so must consider the development around it. It saddens me that the council would consider the rezoning of property adjacent to the future park as an Intensive Commercial Zone. To my knowledge,the types of businesses that occupy an Intensive Commercial Zone are not those that are conducive to do business adjacent to park-like settings. For citizens to maximize all that the park has to offer I encourage you to consider the noise and light pollution this type of zoning has been known to create, as well as the additional traffic and safety concerns that could be present dependent on the type of buildings erected. No other city park is situated next to a CI-1. This area of Iowa City is not lacking for other spaces to develop into CIA,or are already under utilized CI-1 zoned spaces. It would not be unreasonable to expect that we look to utilize all other available spaces in this area before resorting to rezoning so close to a future public space. Once developed, we cannot easily walk backwards and undo what has been done. If the council must rezone, I strongly implore significant restrictions be placed on the development to consider the concerns that I and others have raised. I appreciate your time and consideration to this matter. I am confident the planning and zoning commission could develop this area to meet the objectives they wish to accomplish without rezoning this parcel. Emily Droll, MBA Sent from Mail for Windows t Kellie Fruehling From: Linda Dallman <lindadallman@gmail.comn Sent: Saturday, March 11, 2023 11:05 AM To: *City Council Subject: Against rezoning 13 acres west of Dane Road - across from the George Dane property A This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Council Members: My name is Linda Holmes Dallman. My family, Gerald and Pauline Holmes as well as myself and my sister, have spent many wonderful days and evenings on the George and Marjorie Dane property. This 17.5 acre property is an ideal location for Iowa City and Johnson County families to enjoy. There is lots of room to explore as well as beautiful fruit trees that could be and have been a source of food for many families over the years. This is a perfect place to fly kites and sledding is unbelievable as you fly down the hill. What better place to take children, grandchildren and great-grandchildren to have fun and enjoy nature. The proposed intensive Commercial uses will make this area undesirable for families. Traffic, noise and light pollution will increase substantially. Iowa City already has an industrial park. We do not need another one next to a family park. Council Members, I ask you to please think of the city's and county's children whom you represent. Please make this park a go to place in Iowa City and Johnson County. This park will be an asset to all and will encourage new families to move to this area. They will recognize that Iowa City cares about its families. Thank you for your time and consideration. Linda Holmes Dallman 1 Kellie Fruehling From: Jackie Clingan <jclingan75@gmail.com> Sent: Saturday, March 11,2023 5:26 PM To: *City Council Subject: Re:To rezone 13 acres from Commercial Office Zone to Intensive Commercial Zone. A **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I am just an 82 year old friend of the George& Marjorie Dane family,who is once again having to battle to keep their land as rural land to be loved and cherished. Because of Covid, a group of mostly retired ladies met in this beautiful area that will become the future park. At first it was really nice to safely get together again as friends. But we met many times and the really nice place ... became a beautiful,tranquil and comfortable place to watch the many birds, bees, flowers and squirrels enjoy their home. As Jane Driscoll said at the meeting,"consider what would be the best scenario for both the current use of our property and the future park." I ask that you please protect it. Thank you, Jacquolyn Clingan Y Kellie Fruehling From: L. McCabe <irishdem@aol.com> Sent: Sunday, March 12, 2023 6:17 PM To: *City Council Subject: Iowa City Council rezoning land along Mormon Trek across from George Dane Property R SK **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments. ** Our family has had the privilege of visiting the George &Marjorie Dane home many times. The magnificent views, no matter the time of year, unveil across the scenic Iowa River Valley, the airport, the Iowa City skyline and the rolling hills beyond. The approaching thunder clouds of a spring storm, the warm winds of summer keep the bugs away, geese flying in to land late in the day, the bouquet of fall colored leaves and beautiful sunsets. How fortunate Iowa City residents are that George Dane had the dream to share all of this with the community, where he grew up, became a UI Grad, married locally, left to serve our country, and chose to raise his family and make a life here. He's gone now. But he made a way to give all this to the people of Iowa City, The Iowa City-Coralville Community has always held parks, recreation areas and open spaces in high regard and essential for quality of life. Parks attract new people and are reasons they stay. With the proposed zoning change of the property next to the future Dane Family Park to CI-1,just about anything could end up going there. Please do something so the people of Iowa City can enjoy quality of life through this gift of a park. Don't let it be diminished by letting "just about anything" go in next door. You can make sure that what goes in next door can also benefit from this future park. You know what makes a good neighbor for a park, and You can work with a developer and adjacent owners to condition the site for mutual benefit of all. You can improve the quality of life for the people of this community. Leta McCabe t Kellie Fruehling From: Jane Driscoll <jdriscol@aol.com> Sent: Monday, March 13, 2023 4:04 PM To: *City Council Subject: City Council: Planning &Zoning Item (REZ23-0002) near Future Park RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello City Council Members, Thank you for your leadership and service to the Iowa City Community. I wish to bring to your attention a Planning &Zoning Item that will come before you during the next several City Council meetings. Specifically, the property at 4120 Dane Rd. SE, is owned by the George R. Dane Family Trust and has been in our family for nearly 100 years. My grandparents, George and Marjorie Dane, built their home and moved in with two small children and continued to raise their family there. Their estate has provisions for their 17+ acres to become a community park when the family is finished living there in a few years. The Planning &Zoning item that is before you is an application (REZ23-0002)to rezone approximately 13 acres of undeveloped land from Commercial Office Zone(CO-1)to Intensive Commercial Zone(CI-1). This property is immediately west of the future Dane Family Park. As you can image, other planning and zoning discussions have occurred in the time that our family has lived on this hilltop. Each time we have been open and welcoming to the City Council, Commissions and Staff to visit our site and understand how the proposed zoning will impact the future park. Many times, City leaders have taken a field trip visit together in one of the City of Iowa City vehicles. We wish to extend this invitation to you and City Staff to visit this future park. We encourage you to come all the way up to the house and see the views from our hilltop. It is the last undeveloped high point around Iowa City. From this hilltop we can see fireworks from over 6 communities. You can see City High School, many of the downtown buildings, the traffic on Hwy 6 east, and far on the east horizon, the white tank of the gas plant on American Legion Road. Turning to the south and west, the rolling hills of Iowa lend a view of the western horizon that foretell of pending weather,jet trails chasing the sun and vibrant hues of bold colors as the sun disappears each night. To make an informed decision and best understand the impact on this park of rezoning the adjacent properties to a more intensive use, it is important to physically see it for yourselves. Consider it a preview of the park! And while you're there, take a swing on the 16 ft tall swing-set. We would be pleased to have you visit at the Council's convenience by contacting my mother, Janet Driscoll (ftdriscollOaol.com) or me. Thank you for your time and interest. Best Regards, Jane L. Driscoll Granddaughter of George & Marjorie Dane Iowa City Resident 1 Kellie Fruehling From: ftdriscoll@aol.com Sent: Monday, March 13, 2023 6:13 PM To: *City Council Subject: City Council: P&Z item REZ23-0002 rezoning near future park A **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Iowa City Council members, I am Janet Driscoll, the oldest child of George & Marjorie Dane. I live at 4120 Dane RD SE across Dane RD from the recently proposed rezoned property on Mormon Trek. This farm was purchased by my paternal grandparents and has been in our family for almost 100 years. My parents built their home in 1948. 1 grew up here and have the privilege of living here for the past 22 years. This property is the last undeveloped hill overlooking Iowa City. Our family has enjoyed the view that changes with the seasons, had numerous picnics, family gatherings, sledding parties, 4-H club events and have seen Iowa City grow and expand closer and closer. We have always known that at some time the nearby property would be developed and always hoped it would become something compatible or even complimentary to a park. For years Dad talked about wanting to preserve this hill for others to enjoy so in the late 1990's he started working on this process. According to the George R. Dane Family Trust when the family no longer lives on the farm it will be deeded to the Iowa Natural Heritage Foundation for the City of Iowa City to use as a park. We, the family, feel that it's our responsibility to advocate that the property surrounding the future park be conducive for the enjoyment of others. Billion Auto has put in some plantings, lowered lights with shields to protect bright lights from shining outward, however one of the neighboring businesses does not. After Billion opened, we could hear their speakers paging employees and music in the yard and inside the house! In the Summer we couldn't leave the windows open because of the noise. We have ongoing issue with trash. Living on top of a hill the wind blows very hard. We have shown them trash that has blown into the fields, into the row of lilac bushes, and around the house. Several months ago, I phoned about a large gray piece of plastic and was told "we will take care of that right away". That still has not happened! Recently I found an orange SOLD sign at the end of the lane. Dad's dream was to preserve the hill for the future citizens of Iowa City and the surrounding area. The park will be a great go to for walks, sledding, swinging, 1 watching 4th of July fireworks, from four different locations, the 4-H fireworks, star gazing, harvesting apples and grapes, watching airplanes wildlife and relaxing. Now we wonder what will it be like if there is a car dealership built even closer to the farm? Will we be able to enjoy these things as we have for almost 75 years without noise, excessive lights, and garbage? What will happen when this is a park? This is very important to me and obviously I am very passionate about it. My dad worked really hard carrying for the land his whole life and wanted the park for the people of this community to enjoy. Sincerely, Janet Dane Driscoll z -7 Kellie Fruehling Late Handouts Distributed From: Jane Driscoll <jdriscol@aol.com> Sent: Monday, March 20, 2023 1:49 PM 3 To: *City Council (Date) Cc: Geoff Fruin; Eric Goers; Sara Greenwood Hektoen Subject: TO INCLUDE IN COUNCIL PACKET: City Council: Planning &Zoning Item (REZ23-0002) near Future Park Attachments: We sent you safe versions of your files; 2023-3-1 P&Z address - Mormon Trek Rezoning JLD comments.pdf } RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe,but always exercise caution when opening files. To: City Council Members, Mayor Teague City Manager Geoff Fruin City Attorney&Assistant Attorney Eric Goers &Sara Hektoen To Include in City Council Packet for March 21, 2023 Meeting Re: City Council: Planning &Zoning Item (REZ23-0002) near Future Park Hello City Council Members, Mayor Teague, City Manager and Attorneys, I wish to provide the comments I made at the March 1, 2023 Planning&Zoning Commission Meeting regarding the application(REZ23-0002)to rezone approximately 13 acres of undeveloped land from Commercial Office Zone(CO- 1)to Intensive Commercial Zone (CI-1). They were not included with the P&Z Packet submittal for the Council Packet due to a protocol that I am now aware of. Please consider this attachment with the City Council packet for the March 21, 2023 meeting. I also wish to thank those of you who have visited the George Dane Estate property at 4120 Dane Rd SE and future park location which is next to the property in discussion for rezoning. I believe you found the site as beautiful and awe inspiring as we do. Please feel free to come again sometime, or for some of you, the first time. Grateful for your time and interest. Best Regards, Jane L. Driscoll Granddaughter of George & Marjorie Dane Iowa City Resident 1 Good Evening. P&Z Address: 3-1-2023 My name is Jane Driscoll and tonight I speak on behalf of my grandfather George Dane's estate which owns the property at 4120 Dane Rd SE. This property is north of Mormon Trek and directly across Dane Road to the east of the nearly 13-acre parcel under review by this commission for rezoning. I am joined by my mother,Janet Driscoll,who resides in the home at 4120 Dane Road which my grandparents built in 1948. My Uncle and Aunt, Bob and Sue Dane are also present. In addition to a family residence, our property has an apple orchard, grape vineyard,flowering trees and bushes,walnut and oak trees, farm crops, and other amenities. Birds, rabbits, and other wild animals, including four deer that crossed Eagle View Or on an early morning this week and are often around the house at night. Our hilltop rises approximately 100 feet above the airport giving magnificent views in all directions. From the high hill where the house sits, one can look out to the northeast and see downtown Iowa City, City High School and the Iowa City Airport;to the east across the Iowa River valley to Lone Tree,West Liberty and south to Hills. To the west the rolling hills of the Iowa prairie. From here you can see the fireworks of 4 communities. The sunrises are as beautiful as the sunsets. This is the last sizeable open area, close to Iowa City, unencumbered by trees and buildings. My grandfather believes we are tenders of this land for a short time. Indians used to roam this area as evidenced by the collection of arrowheads we've collected and researched. The land was a gift to us, and we must be mindful of its care. These vistas are unique and belong to everyone. Not just a few. With foresight of generations to come, some 20 years ago this property was designated to become a park so that the sledding hills and beautiful vistas will remain for the world to enjoy. The gift of a 17.5 acre park to the citizens of Iowa City and Johnson County is in an effort to preserve the beautiful views on what is the last open hilltop in this area.We envision the park to be used for family picnics,flying kites, band concerts, playing Frisbee,sledding, swinging etc. People of all ages can enjoy the outdoors all year round. The City has been aware of this designation and has documentation reflecting these plans. We have previously addressed both the Planning&Zoning Commission and the City Council 3 times on this topic, expressing the need for conscious pre-planning for adjacent property uses that will be compatible with a park. However, intended future park use of our property is not yet reflected in the South Central District Future Land Use Scenario map. 1 With the future park in mind,we look to the west across Dane Rd and see the property under review tonight. We realize that something will eventually occur on the property, we aren't so unrealistic to think that the property will remain undeveloped forever. That being said, we encourage you to consider what would be the best scenario for both the current use of our property and the future park? Prior applications have come forward, including a potential outreach medical clinic and distribution center, requesting a CO-1 zone. While not specifically opposed to this use,we worked with the Commission to apply some conditions to the zoning. The current intent is to change the zoning to CI-1 which allows a broad range of intensive uses, including a car dealership,which are not compatible with a park.Would the conditional zoning requirements of the current CO-1 zone transfer to the proposed CI-1 zone? The description of the proposed zone reads: The purpose of the intensive commercial zone(0-2)is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles,by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The types of retail trade in this zone are limited in order to provide opportunities for more land intensive commercial operations and also to prevent conflicts between retail and industrial truck traffic.Special attention must be directed toward buffering the negative aspects of allowed uses from adjacent residential zones. These types of uses are not compatible with residential or parkland.The current zone of Commercial Office (CO-1)zone often serves as transition between residential and more intensive commercial and industrial areas allowed by the CI-1 zone. It provides for specific areas where office functions,compatible businesses, apartments and certain public and semipublic uses may be developed in accordance with the comprehensive plan. Would it be possible to maintain the CO-1 zone until a petitioner has a specific use? I understand that this Commission can recommend limitations or define specific features be used as a condition to a zoning assignment. Rezoning the property to a CI-1 with conditions that include features 2 found in the CO-1 zone to allow the transition to less-intensive uses to occur on that property. Thus, creating the intended buffer between residential or parkland uses and more intensive uses. Our concerns can be more specifically stated. CI-1 uses and residential uses don't mix well, and I'm unware of any local parks that border such intensive uses. They are simply not compatible. Fast forwarding to when our hilltop becomes a park,folks may well wonder or ask, "What was the City doing or thinking back in 2023 when they let an intensive commercial use build next to a park? Why did the City allow this to happen? This was all open ground at that time and they had a choice. Other parks in Iowa City are not burdened with this. City Park has the nice Levitz Center and the new Hancher across the street; thank heavens there isn't a warehouse or an auto dealership right next door. It does matter what the adjacent property uses are. CI-1 uses bring more intense traffic, delivery vehicles and tends to be customer driven and must attract them to be sustainable. Attracting customers requires visibility. Large signs, lighting, high profile storefronts and other activities calling attention to the business. These are not compatible with residential or park areas. Outside storage requires intensive lighting. Lights or light noise is also not compatible with residences, even if shielded. It is difficult to stargaze or use a telescope in a park with the glow of security lighting illuminating the sky. We have already had direct experience with these issues. The aerial photo in the application shows the existing car dealership at the corner of Hwy 1 and Mormon Trek that extends east to Dane Road, utilizes outside speakers for paging sales and service staff, light radiates from the tower lights required for security and safety; deliveries are made with large car carriers, visible in the picture on Mormon Trek, that are sometimes unloaded on Eagle View Drive; employee vehicles line the curbs on Eagle View and Grace Drives, also pictured,which make snowplow, mail delivery and emergency access constricted. While both are public streets which allow parking on one side,they are not intended to be used as street storage for cars or for servicing of vehicles. 3 Deliveries or shipments that utilizing forklifts requiring audible back up warning signals. Or vehicle repair that uses compressed air torque tools. Both generating noises that would definitely interrupt a quiet afternoon of reading on the lawn. We ask that zoning conditions be considered for lighting, noise, hours of operation,square footage of outside storage and structure sizes,fully enclosed buildings, location and number of accesses off side streets and visual screening. Preserving this future park as a community asset, we hope it will be a place to take potential recruits for the University in both sports and faculty/staff as well as other potential businesses that may wish to locate in this area. Having parks available for employees to visit with their families is often an attraction when bringing in potential hires. It may serve as a place of tranquility or a mid-day picnic. But only if we protect it from adjacent uses that could spill over and diminish its significance. Commissions, Councils staff and property owners changeover time. Therefore, including conditional zoning requirements, reasonable limitations and pre-planning during the re-zoning process will document the agreements and intentions for future. At your convenience, we invite the Commission to come see the future park and experience what I have attempted to describe here tonight. Jane Driscoll 319-333-2991 Granddaughter, George & Marjorie Dane 4 7. cL, Kellie Fruehlinq From: Diane Thayer <dianehayesthayer@gmail.com> Sent: Monday, March 20, 2023 8:13 PM Late Handouts Distributed To: *City Council Subject: Dane Property (Date) A **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Pursuant to the rezoning of the area surrounding the Dane property at 4120 Dane Rd. SE- I urge the council to reconsider a proposed zoning change to CI-1. I have been to the Dane property and it is, indeed, a beautiful, unique location within the city. The Dane family has worked for generations for the betterment and support of the Iowa City community and their gift of their land for a park is something to be treasured and respected. It is true, various zone uses can co-exist but it is imperative that zones be carefully considered. It's one thing for a park to look out over an area of office buildings, it's quite another for it to overlook an area of intensive commercial use,one that would, most likely, be as bright as day 24 hours a day. Green spaces are so important to quality of life. There are other areas of Iowa City much better suited to intensive commercial use. If you have not been to the Dane property, I strongly urge you to make a visit. I respectfully ask that the surrounding property NOT be zoned CI-1. CO-1 would be more compatible. Less dense would be even better. The decision you make will be in place for generations. Please respect this gift of a park and know that generations of people can and will enjoy it as it was intended to be used. Respectfully submitted, Diane Thayer 5 Longview Knoll NE Iowa City 1 Kellie Fruehlin From: Janet Martin <janet.martin29@gmail.com> Sent: Wednesday, March 22, 2023 6:52 PM To: *City Council Subject: Zoning near future park near the Dane Farm R SK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Iowa City Council members, I am writing to encourage you to visit the future park that will be contributed by the George Dane family and oppose the rezoning of nearby land to an intensive commercial use. Working with the 4-H program in Johnson County for 40 plus years, I am very familiar with the park system and the Dane family. In reviewing the 2017 Iowa City Parks Master Plan, it supports my experience that we need more parks on the west side of town particularly in this area. It seems important to take advantage of land that will be contributed to the city. The generations of Dane family members are contributors to the city and county; I hope you take time to talk with them about this opportunity and potential plan. Thank you, Janet Martin t Kellie Fruehling From: Lisa Hein <LHein@inhf.org> Sent: Monday, March 27, 2023 9:14 PM To: *City Council; Kellie Fruehling Cc: Bill Kohler Subject: RE: REZ23-02 Attachments: We sent you safe versions of your files; Iowa City Re-zoning April 2023 City Council - INHF.pdf R SK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Kellie—attached is a corrected version of the previous letter from INHFto include in the council packet. Thank you,sorry for the inconvenience. From: Lisa Hein Sent: Friday, March 24, 2023 12:57 PM To:council@iowa-city.org; kellie-fruehling@iowa-city.org Cc: Bill Kohler<bkohler@inhf.org>; Susan Shullaw<smshullaw@gmail.com>;1oe McGovern <jmcgovern@inhf.org> Subject: REZ23-02 Hi Kellie-Attached is a letter from Iowa Natural Heritage Foundation regarding the rezoning proposal on the City Council agenda April 4. Thank you very much. Lisa Hein, ASIA Senior Director for Conservation Programs shefher Iowa Direct: 515-809-5678 Natural Heritage Foundation 505 5th Ave,Suite 444,Des Moines,IA 50309 WWW InhP.avg Protecting and restoring lowa's Land, water and wildlife Notice of Confidentiality:This communication(including attachments)is for the exclusive use of addressee and may contain privileged or other confidential information,If you are not the intended recipient or believe that you may have received this communication in error,please reply to the sender indicating that fact and delete the copy you received.In addition,you should not print,copy,retransmit, disseminate,or otherwise use the information, Thank you. 1 Insurance Exchange Building Suite 444 Phone:515-288-1846 505 Fifth Ave. Fax:515-288-0137 Iowa Des Moines,Iowa 50304 e-mail:lheinainhf.mg Natural Heritage www.inhforg Foundation March 27, 2023 Mayor and City Council 410 E. Washington St. Iowa City, Iowa 52240 RE: Future Dane Family Park and nearby rezoning proposal (REZ23-0002 Mormon Trek) Dear Mayor and City Council: Iowa Natural Heritage Foundation is a non-profit land conservation organization that helps landowners and public agencies protect and restore Iowa's land, water and wildlife. INHF began working with George Dane in the early 2000's to help support his vision for their family land near the airport. His legacy to the community is to see the land remain as open space and offered to the City for use as a public park for enjoyment of the outdoors and 360- degree scenic views, including towards the river valley. Over the last 20 years,the city has slowly expanded closer to the property and the region has transitioned from agriculture to roads, commercial and residential neighborhoods. This makes his dream of saving open space even more important as more people start inhabiting the area. We want to bring to your attention to George's plan to tum this site into a park, since it's not very well known or understood. The property has been held by George's Trust for many years. The Trust language states that, after George's children and grandchildren no longer live there, the property will be gifted to INHF, and that INHF will offer the City of Iowa City the right to operate the land as a public park. INHF has had only a couple of interactions with the City Parks and Recreation Department over the years about this future park, but nothing formal has been decided regarding the City's role in the future park, likely because it appeared distant. The rezoning request has created a sense of urgency for better planning and communication around this proposed project. The current zoning of office commercial is a reasonable fit with the future park, and park space could be a welcome refuge for office workers. The intensification of the zoning classification industrial commercial raises concerns of potential negative impacts. In addition, there are opportunities to look at pedestrian infrastructure, light trespass, and other issues. We ask that the City Council keep the current zoning as it is, because it is more compatible with the future park. We also ask that the City Council give direction to Parks department and Planning staff to work with INHF to explore potential parkland opportunities,both short and long term. A future park could positively benefit residents and business workers while providing a refuge for wildlife, birds and pollinators. Other land uses might negatively affect the park, and these concerns should be discussed as well. Below is an aerial view of the future park, with red borders: 4� i n Thank you very much for your consideration. Sincerely, wc Director for Conservation Programs Kellie Fruehling From: Dennis Mitchell <DMitchell@midwestone.com> Sent: Wednesday, March 29, 2023 5:17 PM To: *City Council Cc: Anne Russett;Juli Seydell Johnson;Alp Zora Subject: REZ23-0002 Attachments: City Council 3.29.23 (signed).pdf;Affidavit of Dennis J. Mitchell 3.29.23 (signed).pdf Your attachments have been security checked by Mimecast Attachment Protection.Files where no threat or malware was detected are attached. Good afternoon, Attached please find a letter to the City Council on behalf of the George R. Dane Family Trust opposing Application REZ23-002 to rezone approximately 13 acres of land from Commercial Office Zone (CO-1)to Intensive Commercial Zone (CI-1) near Grace Drive and Eagle View Dr. off of Mormon Trek Boulevard, along with an Affidavit regarding the Trust. We appreciate the City Council's consideration of these materials in conjunction with the application to rezone. Best regards, Dennis DENNIS MITCHELL VICE PRESIDENT, TRUST OFFICER Direct:319.356.5824 102 South Clinton Street Phone:800.247.4418 Iowa City,IA 52240 Fax:319.356.5845 T, MidWestOne- o :RUSTSERVICES MidWestOne.bank IMPORTANT:This message,including any attachments,is intended only for the use of the individual or entity to which it is addressed,and may contain information that is privileged,confidential,and exempt from disclosure under applicable law.If you are not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any use,retention,dissemination,distribution or copying of this communication is strictly prohibited.If you have received this communication in error,please notify the sender immediately and destroy your copy.Thank you. 1 T MidWestOne- WEALTH MANAGEMENT Trust services,PO Box 1700,Iowa City,IA 52244 MidWestOne.barrk March 29,2023 Iowa City City Council City of Iowa City 410 E. Washington Street Iowa City,IA 52240 Re: REZ23-0002 George R. Dane Family Trust Dear Honorable Members of the City Council: I am writing to you on behalf of the George R. Dane Family Trust (the "Dane Family Trust")regarding Application REZ23-0002 to rezone approximately 13 acres of land from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) near Grace Drive and Eagle View Dr. off Mormon Trek Boulevard. The Dane Family Trust owns approximately 17.58 acres of land at 4120 Dane Road SE, which is adjacent to the area that is the subject of the rezoning request. The terms of the Trust provide that the 17.58 acres shall be donated for the future use solely as a park and recreation area. For this reason,the Dane Family Trust is opposed to the rezoning. This parcel of land has a beautiful view and will be a real asset to the City and community as a park and recreation area. Those of you who may remember George know the importance he placed on giving back to the community. George felt strongly that the community should have the opportunity to use and enjoy this land that he and family felt so fortunate to own. Included with this letter is an Affidavit regarding the terms of the trust as it relates to the donation of the 17.58 acres as a future park and recreation area. Under the terms of the trust, which is irrevocable, the City of Iowa City will have the fust right to use the land as a park. The donation of the land as a future park and recreation area is set in stone. It cannot be changed or amended. George Dane also set aside $5,000 for costs associated with the park,and the trust further provides for 50% of the rent from a cell tower lease to be available for future upkeep and maintenance. Member FDIC Our concern with proposed rezoning is that the CI-1 zone allows intensive uses not compatible with an adjacent park. Potential permitted uses could include car and large equipment dealerships, for example. In addition to-noise and light pollution, such uses could be dangerous for children and others to be around. I would note that the trust is not opposed to the development of these parcels;we just firmly believe the current CO-1 zoning to be more appropriate. In addition, while we understand the parcels seeking to be rezoned may have been previously zoned CI-1 prior to 2007, it is my understanding that George Dane was involved in the 2007 change to CO-1 in light of his decision to donate the 17.58 acres for a park. In the event the City Council does intend to rezone the parcels at issue to CO-1,we would ask that conditions be imposed to protect the future park area and adjacent properties. The conditions should include protection from light and noise pollution, traffic, and include screening and buffers. My understanding is that similar conditions regarding light and noise pollution were previously placed on the properties west of Mormon Trek Blvd. The possibility of reversing the current CO-1 rezoning from approximately 15 years ago, and the impact on the future gift of this land for a park, is concerning for the trust and its beneficiaries. On behalf of the Dane Family Trust we ask that you not approve Application REZ23-0002.Thank you in advance for your time and consideration. i Best regards, Dennis J. Mitchell Vice President,Trust Officer Direct Line: (319) 356-5824 Email: dmitchell@midwestone.com DJMf Encl. Copy to: Anne Russett, City of Iowa City Juli Seydell Johnson,City of Iowa City Julie Hein,Iowa Natural Heritage Foundation WdWestOne.bank Member FDIC AFFIDAVIT STATE OF IOWA, COUNTY OF JOHNSON,ss: 1,Dennis J.Mitchell,being first duly sworn on oath, depose and state as follows: 1. I am a Vice President,Trust Officer for MidWestOne Bank. 2. MidWestOne Bank is the duly appointed and acting Trustee of the George R. Dane Family Trust("the George Dane Family Trust").The trust is irrevocable. 3. 1 am personally familiar with the George Dane Family Trust.One of the assets owned by the Trust is approximately 17.58 acres of real estate located at 4120 Dane Road S.E. in Johnson County,Iowa("the 17.58 acres"). 4. The terms of the Trust allow certain children and grandchildren of George R.Dane to occupy the 17.58 acres under specified conditions for a limited period of time. Once there are no longer qualified family members who have elected to occupy the 17.58 acres,the Trust provides that the real estate shall be donated for the sole use as a park and recreation area. The trust agreement provides in relevant part: I It is the GRANTOR'S intention and desire that the real property and improvements be gifted to the Iowa Natural Heritage Foundation subject to the conditions set forth herein.If the Iowa Natural Heritage Foundation is not in existence or rejects the gift, this property shall be gifted to the Johnson County Heritage Trust, or such other similar organization as shall be selected by the Trustee for the benefit and use by the Iowa City Parks and Recreation Commission,or the Johnson County Conservation Commission,or such other organization as shall be selected by the Trusiee. This real property shall be used only as a park and recreation area as more clearly delineated in Exhibit "C"attached hereto. I Paragraph I of Exhibit"C"to the trust agreement,a copy of which is attached,further provides. The Donee(recipient)of this land shall first offer to the City of Iowa City a conditional use permit to operate and maintain a public park on said land. If the City of Iowa City declines the offer, the same offer shall be presented to the Johnson County Conservation Commission,Johnson County, Iowa. (emphasis supplied). The Trust also provides funding for future maintenance of the property after it is donated. 1 Dated this.�1�day of March,2023. i Dennis J,Mitchell Vice President,Trust Officer MidWestOne Bank,Trustee 102 S. Clinton Street Iowa City, IA 522401 2 Subscribed and sworn to before me by Dennis J. Mitchell on thisday of March,2023. Ml LIA K. LOVELACE s S�" Commission Number 163041 / (� My ria ExPi s Notary Public in and for the State of Iowa 2 / Exbibit »C« Rules and Regulations on Use A. No otrootozea or objects, man-made or natural, are permitted that would impair or block the views in all directions or the openness of the fields. Structures under 15 feet in height and are typical of a future park or its recreational facilities are permitted. B. No additional roads or streets shall be built through or across the property except those that are suitable for access and parking by a fotozo park. C. Existing trees may remain. Cutting of dead wood for firewood or the removal of diseased trees is permitted. When new trees or vegetation are added, or when existing trees or vegetation is replaced, all shall be placed, shaped, or | trimmed so an not to block or obstruct the views. | D. No commercial, residential, industrial or agricultural structures or improvements of any kind are permitted. However, low-level structures or equipment endemic to park or recreation use are permissible, and atzovtnrea not exceeding one story in height for the storage of recreational equipment, picnic shelters or similar structures found in parks are permitted. Also, uoncsnacy overhead power lines and the existing tower and its replacement are permitted. Notwithstanding anything to the contrary previously stated, the current structure no the � | premises may be converted and used in a manner that is � | consistent with the park usage. O. No surface or subsurface mining or removal of fill material. F. No livestock except domestic pets, 4-O calves, or cattle belonging to the present sub-tenant. � G. The property will be maintained and used for purposes � consistent with a future public park and recreation area. B, If either the Iowa Natural Heritage Foundation or the Johnson � � County Heritage Trust accept this laud gift, the following provisions shall apply: � 38 � � | � � � � The function of the Iowa Natural Heritage Foundation or the Jobonuu County Heritage Trust -is—tomooitnz tbe—nse -of— the zeal gzupmzty and improvements and to enforce the | covenants and Rules and Regulations according to the | / expressed wishes of the donor. ii. The covenants and restrictions are to run with the laud and be binding in perpetuity upon all parties and all persons claiming the use of the laud. iil. If the owner or any person in possession violates or attempts to violate any of the covenants or restrictions, it shall be lawful for the Trustee of the George D. Dane Trust, as amended and restated, the Iowa Natural Heritage Foundation, or any other person owning adjoining property, to prosecute by any proceedings in law or in equity against the person or gezaouu violating or attempting to violate such covenants or restrictions, and either to prevent said persons from doing au/ or if the Iona Natural Heritage Foundation or Jobuauu County Heritage Trust deems it advisable to transfer the property to another donee who | will agree to abide by the zmotc1ctiuus or ouveoauta | � ^ | � I The Donee (recipient) of this land shall first offer to the � � City of Iowa City a conditional one permit to operate and � maintain a public park on said laud. If the City of Iowa City declines the offez, the same offer shall be presented to the Johnson County Conservation Commission, Jobouno County, Iowa. / / � 29 Kellie Fruehling From: Alp Zora <zora@lefflaw.com> Sent: Wednesday, March 29, 2023 9:40 PM To: *City Council Cc: Anne Russett;Juli Seydell Johnson; Steve Ballard;Timothy Huey; DMitchell@midwestone.com Subject: REZ23-0002 - Submissions for April 4th Agenda Packet Attachments: We sent you safe versions of your files; George R. Dane Family Trust- Memorandum Opposing Rezoning.pdf;Tim Huey- Dane Family Trust memo for Iowa City Council (final).pdf RlSH *•This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Good evening, For inclusion in the City Council's April 4th Agenda packet, regarding Application REZ23-002, please find the following attachments: 1. A Memorandum Opposing Rezoning by Steve Ballard and Alp Zora (Leff Law Firm)on behalf of the George R. Dane Family Trust addressed to the City Council; and 2. A Memorandum by Timothy Huey(CC'ed herein)to the City Council, Thank you for including these attachments in the April 4`h Agenda packet.We appreciate the City Council's consideration of these materials. Sincerely, Alparslan (Alp) Zora Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, Iowa 52240 Phone: (319) 338-7551 Fax: (319) 338-6902 Email: zora@lefflaw.com This message is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be forwarded to anyone else without the consent of the sender. If you received this message and are not the intended recipient,you have received this message in error. Please notify the person sendingthe message and destroy your copy and any attachments. Since email messages sent between you and Leff Law Firm,L.L.P.and its employees are sent over the Internet,Leff Law Firm,L.L.P.cannot assure that such messages are secure. You should carefully consider the risks of email transmission of information to Leff Law Firm,L.L.P.that you consider to be confidential. If you are not comfortable with such risks,you may choose not to utilize email to communicate with Leff Law Firm, L.L.P. Y To ensure compliance with requirements imposed by the IRS,including IRS Circular 230 Notice,we inform you that any U.S.tax advice contained in this communication is not intended or written to be used,and cannot be used by any taxpayer,for the purpose of avoiding U.S.tax penalties. 2 MEMORADUM OPPOSING REZONING To: City Council — City of Iowa City From: George R. Dane Family Trust Steven E. Ballard and Alp O. Zora, counsel Leff Law Firm, L.L.P. Date: March 29, 2023 Re: REZ23-0002 Mormon Trek We represent the George R. Dane Family Trust ("the Dane Family Trust") in connection with rezoning application REZ23-0002. The Dane Family Trust opposes the proposed rezoning and asks the City Council to reject the application for the reasons in this memorandum and those that will be presented at the City Council meeting where the application is considered. 1. Who was Geore:e R. Dane? George Dane was a World War 11 veteran and decorated war veteran, who cared deeply about giving back to his local Iowa City community. For his military service, Colonel Dane received the Bronze Star Medal from the U.S. Armed Forces, a Quilt of Valor from the American Legion, and the French Legion of Honor Medal, among others. An Iowa City native, George was a very active member of the community, serving with the following organizations: Cormnunity Givers (United Way); the University of Iowa Homecoming Parade Committee; Ul College of Engineering; Citizen's Advisory Board of the City Council — City of Iowa City; Iowa City Chamber of Commerce; Johnson County Historical Society; Johnson County Military Affairs Association and American Legion, among many others. MEMORANDUM OPPOSING REZONING Page 2 of 17 2. George's Vision of a Public Park — A True and Permanent Natural Asset for the Cornmunitv. George owned the approximately 17.58 acres of farmland at 4120 Dane Road SE. The land is adjacent to and southeast of the area that is the subject of the rezoning request. George grew up on this land, a humble rural family farm that sustained his family ........... and helped others through the Great Depression. Following in his parents' footsteps, he continued tending the land. He married Marjorie, a City High School graduate, in 1944, and together they raised their four (4) children and her niece on the farm. The house, built in phases, met the needs of the family, reflecting their philosophy of living within their means and giving back to the community instead of prioritizing the accumulation of individual wealth. Struck by the gorgeous 360-degree scenic views of the hilltop, which rises approximately 100 feet above the airport, George believed that everyone should be able to enjoy this land. If members of the City Council have not already done so, we urge you to visit the land, photos and rbc co"', descriptions can only go so MEMORANDUM OPPOSING REZONING Page 3 of 17 far, and to make an informed decision, you need to see the property yourselves. Contact us to schedule a time: 314-338-7551; ballard(culefflaw.com; zora _ lefflaw.com. T. To the northeast, one can see downtown Iowa City; to the east, City High School and the Iowa River valley; to the southeast and south, neighbors and farming families; and to the west, the rolling hills of the Iowa prairie. Sunrises are beautiful, and sunsets are mesmerizing, as the orange and red sunrays blanket downtown Iowa City. On Independence Day, you can watch fireworks Trees and view toward the West from four(4) communities from the hilltop. In addition to its gorgeous views, the land also has an apple orchard, grape vines, and walnut and oak trees. The land provides ecological space for deer, birds, rabbits, and other wildlife. The gorgeous views will attract visitors and park-goers from neighboring businesses and residential areas, as well as the greater Iowa City area and beyond. At 17 acres, this future park is larger than about 60% of Iowa City's parks, with the most similarly-sized park being Riverfront Crossings Park(at 18 acres). Rainbow towiord the North MEMORANDUM OPPOSING REZONING Page 4 of 17 Furthermore, the land has significant historical and archeological value to the Iowa City community. 1t is the last close-in undeveloped hill with views of Iowa City. Multiple Paleo-Indian artifacts, namely arrowheads dating back five (5) to twelve (12) millennia, were discovered on the land (circa 10,000-3,000 BC/BCE). A copy of a 2002 analysis of the arrowheads by Mark L. Anderson, then- archaeologist with the Office of the State Archaeologist, is attached to the end of this Arrowhead Artifacts memorandum. In light of the City of Iowa City's Resolution Adopting a Land Acknowledgement Recognizing Indigenous Peoples and their Traditional Territories on Which We Live dated November 15, 2022 (Resolution No. 22-228), these types of artifacts have been recognized as more important than ever. As expressed in the Resolution, "it is essential to understand the long-standing history that has brought us to reside on the land, and to seek to understand our place within that history". Recognizing the land, including the artifacts they left behind, is "a way of honoring the Indigenous people". The future park will enrich the community and further the goals outlined in the Resolution. MEMORANDUM OPPOSING REZONING Page 5of17 George believed that we are tenders of this land for a shote time but these unique, beautiful vistas belong to everyone. Similar to his brother John „S Dane's prior donation of 14 s, acres of `- fannland for - Kiwanis Park, George wanted this land to be a public park for everyone to enjoy. vfew of HWto,pfirolm Cot? lower toward Narthcost 3. George Established his Trust to Implement His Vision for a Public Park. As explained in detail in the Letter and Affidavit dated March 29, 2023 from Dennis Mitchell, Vice President and Trust Officer with MidWestOne Bank (the Trustee), which was separately submitted to the City Council, George made irrevocable, set- in-stone plans for this 17.58 acres to be a future public park. George worked in the Trust Department of Iowa State Bank & Trust Company (now MidWestOne Bank) for 30 years, before retiring as Senior Vice President. So, he knew trusts, and he knew that he needed one to implement his vision for a future park. George established his Trust in 1992, with subsequent amendments or restatements, and transferred ownership of this land to the Trust. As Dennis explains in his Letter and Affidavit, once George's children and grandchildren no longer reside on the land, which is likely to occur in the near future, the land will be gifted by the Trust to the Iowa Natural Heritage Foundation ("INHF"), subject to various conditions. MEMORANDUM OPPOSING REZONING Page 6 of 17 One condition is that INHF offer the City of Iowa City the right to administer, oversee, and operate the land as a public park via a "conditional use permit." And so, while the land will still be owned by INHF, the City of Iowa City will have the right to administer, oversee, and operate the future park and should plan and zone accordingly. INHF is a non-profit dedicated to protecting Iowa's land, water, and wild life. George knew that INHF shared his values and vision, and would continue to work to keep this land as a park, tong after George had passed away. He knew that land donated to a public entity might not always be used in a manner consistent with the donor's wishes. And so, to guarantee that future generations will always be able to enjoy this land a public park, George donated the land to INHF in his Trust, and then directed INHF to give the City of Iowa City the right to operate the park, as a condition of the donation. Lisa Hein, the Senior Director for Conservation Programs at INHF, has also separately submitted a Letter dated March 29, 2023 to the City Council. Lisa on behalf of INHF also asked the City Council keep the current zoning as is, and further asked the Parks and Recreation Department work with INHF to make the park a reality. 4. In 2006George's Donation was Widelv Covered by Local Media and Discussed with Terry Trueblood at Iowa City Parks and Recreation Department. On July 4, 2006, the Iowa City Press-Citizen reported on George's vision and plans for the Dane Family Park. A copy of the July 4, 2006 article is attached to the end of this memorandum. MEMORANDUM OPPOSING REZONING Page 7 of 17 Fbrtligrea$on, the Dane George is quoted as saying, "Many of fan* has worked oust. an our scenic views have gotten into private agreement with the Iowa hands. We feel like the scenic areas are a Nattual HexitaV gift from nature that should be available Foundation, a non-profit for everyone." organization dedicated to The Press-Citizen explains the gift to preserving Iowa's landscape, INHF, and that the City of Iowa City will to donate 17 atmos of their run the park through a conditional use farm if the seven Dane grand- pen-nit. children deride to pass on the property is explained: "What I envision here Terry 'Iytlehlvod, Iowa is some shelters where people can have City director Of parks arld picnics, hopefully fly kites . Just recreation, said the Iand, somewhere they can come out and enjoy east of Dane Road on the what they can of the countryside." rigs southwest side,Would The Press-Citizen also spoke with Terry be granted to the city by the Trueblood, then-Director of Iowa City Iowa Natural Heritage Parks and Recreation Department, who Foundation through a con said the land would be granted to and Monal use PE'rn-Lit• used by the City through a conditional Giving the prUperty tO use permit from INHF.Again, a full copy the. IbUndafiGn gu&'dntee8 of the Press-Citizen article is attached. that it will be preserved to Excerpt flom, Ju!yA, 2006 a -r-1ein the The Daily Iowan also covered George's land donation and plans for a future park in July 1.1, 2006. A copy of the July It. 2006 The Daily Iowan article is attached to the end of this memorandum. MEMORANDUM OPPOSING REZONING Page 8 of 17 the city. The land has been in The Daily Iowan reported the land would the Dane family since 1928, be gifted to INHF, and that INHF would when the brothers' parents then let the City of Iowa City run the land first purchased the plot. The as a public park. land will be "gifted by deed" to the Iowa Natural Heritage Foundation — a nonprofit group dedicated to protecting In George's own words quoted in the Iowa's land, water, and wildlife article, "We went throuizh the foundation. — when the Danes' descen- because there have been cases in the past dants no longer choose to where donors' wishes weren't followed reside on the property. "Once the out b 'local governmentsl" "we grandchildren no w=anted everyone to have the opportunity longer desire to live on the land,then it goes to the founda- to enjoy the area and the view." tion'George Dane sai& (emphasis added). As soon as the land is hand- ed over, the foundation will issue a"conditional use permit" to the city- for the entire acreage, to be dubbed Dane Family Park.]n 1993,the Dane family also donated the land where Mwanis Park sits. Lisa Hein,the heritage foun- dation's program and planning director, said the Danes' full- fledged land pledge is unique to the city. Exa.,r t frCJrr!ii,ly j.j, 71106 Gri.i::fF Thq� 1JaY trw,;;r MEMORANDUM OPPOSING REZONING Page 4 of 17 5. The Trust Provides for Funding Park Maintenance. In the Dane Family Trust, George also provided for funding maintenance costs of the future park. As explained by Dennis Mitchell, George set aside $5,000.00 in an interest-bearing account for maintenance costs,and further made available for future park upkeep and maintenance 50% of the rental income from the cell tower lease on the land. Cell Tower on Future Park Land In other words,not only will the City receive the gift of a public park,but it will also have access to funding to contribute to park maintenance. 6. The Trust is Irrevocable and the Future Park Set in Stone. Following George Dane's passing on January 13, 2018, the Dane Family Trust became irrevocable.And so, the donation of the 17.58 acres as a future park is set in stone. No one can change the terms of the Trust: not the beneficiaries, not the Trustee, not George's family members, not even a judge. No one can change the Trust nor stop the donation. See Little v. Davis, 974 N.W.2d 70 (Iowa 2022). Although timing —precisely when the land will become a Park— is uncertain, there is and can be no doubt that the donation will occur, and the land will become a Public Park, and the City of Iowa City will have the opportunity to operate it and the public to eniay. MEMORANDUM OPPOSING REZONING Page IQ of 17 7. To Maximize the Benefit oft the Future Park the City should consider the impact of Rezoning areas ad'acent to the Future Park. The City Council should consider the future public park and have that use firmly in mind when it plans for and zones the surrounding area. Only by doing so can the City Council maximize the benefit that the community and future park-goers will receive from the future park. A tenet of good planning is to provide buffers between intensive land uses and less- intensive or passive land uses. Land to the west and south of the property subject to the rezoning application is already zoned Intensive Commercial(CI-1). The subject property itself is currently zoned a less intensive Commercial Office (CO-1), which provides a buffer to the future park from the CI-I use to the west and south. Allowing the rezoning would completely remove the buffer, and expose the future park to extremely intensive commercial use of likely car dealerships or similar. It would be damaging to the atmosphere of the park The South Central District Plan, on page 28 of 31, also emphasizes the importance of "buffer areas proposed to mitigate potential conflicts between uses of'diff&ent intensities and to preserve sensitive features" in this area. Even now, although the subject property presently contains only one office building, the intensive use from the CI-1 property to the Light Polluvor frorn Cm Dealership Property zoned C7-Ito the West of the Fest (the current Subject Property and the future Pork. MEMORANDUM OPPOSING REZONING Page 11 of 17 car dealerships) encroach up and negatively impact the future park as well as the subject property. Examples of these negative impacts include the following: noise pollution (from loud, blasting speakers); dight pollution (from bright lights and signage); titter and trash; and additional traffic, parking and road closures due to loading/unloading of car inventory and employee parking all along Grace, Eagle View, and on occasion Dane Road. Cars and Dealership Trucks all along Eagle View Street. Photo taken facing towards the West. Rezoning to Cl-1 is not compatible with the neighborhood, given all of these negative impacts on the future park. MEMORANDUM OPPOSING REZONING Page 12 of 17 8. The Current Zonine is Comnatible with the Park and should NOT be Changed. The Current Zoning is compatible with the neighborhood, given the future park. The less intensive use of CO-1 provides the necessary buffer and protection from the more intensive use of the CI-1 areas to the west and south. As noted in the Staff Report dated March 1, 2023, CO-1 can serve as a buffer against more intensive commercial or industrial areas. Office buildings produce less noise pollution, light pollution, trash, litter, and traffic. Furthermore, once the future park has opened, office workers in the PIP building and any future office buildings could use the future park during breaks and lunch. If the current zoning remains as is, future park-goers will be able to easily access the park through less-congested roads, and will be able to enjoy the beautiful views and pure nature with less noise and light pollution. The future park will also be cleaner and easier to maintain, with less trash and litter spilling over. Also, Ms. Hein with ME, also opined the current zoning is more compatible with the future park, and that the proposed rezoning raises concerns of negative impacts. Timothy L. Huey, AICP, served as the former Planning Director for Scott County and Develo mem for 25 years. He separately submitted a Memorandum setting forth why the City Council should deny the rezoning request. Mr. Huey explained the current CO-1 zoning provides a buffer and transition between the future park and the intensive commercial use on the west and south of Mormon Trek Boulevard. The applicants allege no changes to the subject property that would make the current zoning inappropriate or justify the rezoning, other than a desire to sell to a prospective buyer. They have not defined any potential plans. 9. When Preparing the Staff Report, City Staff did NOT have Access to All of the Information Now and therefore did NOT Consider the Future Park. The Staff Report dated March 1, 2023 is very thorough and well prepared. However, because Staff did not have access to all of the information now presented to the City Council, Staff did not have an opportunity to review whether the proposed MEMORANDUM OPPOSING REZONING Page 13 of 17 rezoning was compatible with the future park, which is an existing character of the neighborhood. In fact, the Staff Report does not address the land along the east of the property subject to rezoning being a future park. It simply refers to the land as "unincorporated residential to the east" on page 5, which, while technically correct, does not take into account that this lana will become a public park in the near future. As stated earlier herein, the impact of the rezoning to a more intensive use upon the future park should be considered by the City Council as it plans for the future and zones accordingly. 10. The Planning and Zoning Commission did Not Have Access to All of the Information and Claritv Now Presented to the Cit- Council Regarding the Future Park The Planning and Zoning Commission reviewed the rezoning request presented, gave the matter consideration, and perfortned its responsibilities. However, similar to City Staff, the Commission also did not have access to all of the information and clarity regarding the future park and the Dane Family Trust now presented to the City Council, Dennis Mitchell with MidWestOne Bank, Jane Driscoll (George's granddaughter), and Bob Dane (George's son) did speak at the Commission's meeting, but the information now presented to the City Council is more complete and thorough. For example, it was not made clear to the Commission (nor City Staff) that the City would have the right to operate the land as a future park. From the Commission's perspective. the future park may have appeared as a non-City matter, when in fact it very much is a City matter. Also, George's vision and plans for the future park as set forth in the Dane Family Trust, and reported on by local media, were not presented to the Commission. In fact, the Commission was not sufficiently informed that in 2006 George had informed and worked with the City's Parks and Recreation Department (through MEMORANDUM OPPOSING REZONING Page 14 of 17 then-director Terry Trueblood) regarding the future park, as reported in the Press- Citizen discussed above. 11. The Comprehensive Plan Sunports Re'ectin the Rezoning Request. The Future Land Use Map contained in the IC2030 Iowa City Comprehensive Plan indicates the future land use for the property subject to rezoning is Office Commercial (CO-1). CO-I allows for office functions, compatible businesses, apartments, and certain public and semipublic uses, and serves as a buffer between less intensive uses and intensive commercial and industrial areas. Furthermore, the Comprehensive pcoplenN9Plan elaborates on Iowa City's 6buh.at r«u.w I!r b� Neighborhood Open Space Plan, great . e'"' 'Commtuti I"-'- e - "intended to ensure that all busuaegses; �. . �s�d =neI hbdrhryoods univeadcwtw. neighborhoods have access to im...� ^.* ^' ._- like g a �_�W , ; parkland for active recreation, IowCity relaxation, and as a focal point for neighborhood activity and social interaction.' See page 45. The Comprehensive Plan emphasizes the need to have land dedicate for open spaces, such as George's dedication of his land for a future park. See page 45. In the Comprehensive Plan, Iowa City's Vision for Parks and Open Spaces is prioritized: Attractive and accessible parks and open space are essential features of a healthy and sustainable community and make Iowa City a more desirable place to live. Iowa City supports the continued development of parks and open space that cultivate a sense of place and social connection, enhance surrounding development and property values, expand opportunities to improve the health and fitness of our residents, and preserve unique features and environmentally sensitive lands. See page 46. MEMORANDUM OPPOSING REZONING Page 15 of 17 Setting forth goals and strategies to accomplish this Vision, the Comprehensive Plan provides that the City will "[w]ork proactively to ensure adequate and appropriate parks and open space", "guide development around desirable park land or open space", and "[f]ormulate incentives or other means to encourage construction of functional private open space." See page 46. Furthermore, the City is instructed to "collaborate . . . to develop and maintain parks and trail." See page 48. George's Vision of a fiture Park is in line with and furthers the City's Vision. George has voluntarily and freely dedicated the land as a future public park and has even set aside funds and income to support and pay for future park maintenance, thereby relieving further stress upon the Parks and Recreation Department's budget. Furthermore, Mr. Huey, an expert on planning and zoning, opined in his separately submitted letter that both the Comprehensive Plan and the South Central District Plan provided sufficient rationale to deny the rezoning request. The Dane Family Trust now asks the City Council to consider the impacts of rezoning adjacent to the future park, to limit and mitigate any future negative impacts to the use and enjoyment of the future park by the community and future park-goers. Rejecting the rezoning application and maintaining that property as CO-1 will mitigate negative impacts on the future park and is in conformity with the City's Comprehensive Plan. 12. The South Central District Plan Also Supports Rejecting the Rezoninf4 Request. Approving the rezoning request would conflict with the South Central District Plan's call for `buffer areas" to "mitigate potential conflicts between uses of different intensities and to preserve sensitive features." See page 28 of 31. Furthermore, the South Central District Plan emphasizes the need to "[p]reserve significant archaeological sites". See page 30 of 31. The District Plan notes the archaeological importance of the area, and states there are "known early prehistoric and historic habitations on the high ridge in the west part of the South Central District", which is near the future park. See page 4 of 31. The future park has features of archaeological interest and value to the community, given the many Paleo-Indian artifacts recovered there, and the City= Council should keep these provisions of the MEMORANDUM OPPOSING REZONING Page 16 of 17 South Central District Plan in mind when considering and ultimately rejecting the request to rezone adjacent land. Furthermore, the South Central District Plan does not indicate the future park use for the Dane Family Park, which is understandable because it was initially adopted in 2000 before George's vision for the future park was finalized, and only most recently revised on March 20, 2007. Regardless, with all the pertinent information now before it, the City Council should now consider this future park use, and deny the rezoning request. 13. The 2017 Iowa Citv Parks Master Plan Also Supports Rejecting the Rezoning Request. The 2017 Iowa City Parks Master Plan noted the West Central area of the City "in particular have fewer park facilities than other areas of town" and that "[a]ccessibility to park experiences and services to lower-income areas should be prioritized in order to provide more equity in service." See page 18. The Dane Family Park will address both of these concerns, by providing a regional or community level park in immediate proximity to the manufactured housing park southeast of the future park and south of the airport. Residents of the manufactured housing park will have readily available and immediate access to the enjoy the future park and experience services the City may decide to offer. The City should carefully consider the negative impacts of the rezoning upon the enjoyment of the future park by these nearby residents. 14. If City Council Approves the Rezoning Request, It Should Impose Conditions to Buffer and Protect the Future Park. If the City Council approves the Rezoning request, it should impose conditions to buffer and protect the future park, to maximize its benefit to the community. Conditions the City Council should consider imposing include, but are not limited to the following: • Imposing buffering and screening along the eastern and southern edge of the property subject to rezoning; MEMORANDUM OPPOSING REZONING Page 17 of 17 • Regulating and limiting the amount, the height, and direction of outdoor lighting; • Regulating and limiting the volume and direction of outdoor speakers and other sound/noise-generating equipment; • Prohibiting access to Dane Road from the property subject to rezoning (referred to by Tim Huey as "a non-access easement'), so that the future park is further protected from the intensive use and so that future park- goers can park along Dane Road to access the park; • Requiring any development contain sufficient parking lot spaces to provide for the developments parking needs without having to resort to street parking; and • Ensure Eagle View Drive remains open and available for future park-goers to use to access the future park. 15. Conclusion— Reiect the Rezoning AQnlicalion. The Dane Family Trust appreciates the City Council's efforts and time in considering the history and future of the Dane Family Park. We request that the City Council reject the present rezoning application. Attachment 1: 2002 Archaeological 15 February 2092 Analysis of Arrowheads To: Brian Driscoll From: Mark L.Anderson Re: Artifact assemblage Nice collection. I noticed by the writing on the back that this assemblage appears to have originated from a single, identifiable location. Artifacts have their greatest meaning when attached to a known location and other materials associated with their recovery. Since this seems to be the case, some of my assessments are based on this idea of association. If you would be willing to identify this site on a topogaphic map for our site records I would be much obliged. I have taken the liberty to remove the artifacts and clean them. You can simply use a toothbrush and some warm water to clean any stone artifact. I also managed to remove most of the glue and what I did not take off can be done with a bit more warm/hot water. The following descriptions are following the order of the artifacts as they were mounted on the board. I. End scraper. This end scraper is made on a relatively large flake of Burlington chert. Ile working edge is restricted to the distal end and adjacent sides, Microscopic analysis indicates that the working edge is relatively fresh suggesting that either the tool was recently resharpcned or not used much prior to its loss. The lateral edges are not flaked and may be slightly smoothed,possibly just because or possibly because of the way it was held or even from being hafted in some kind of handle. End scrapers are a very common and an ages old tool type making dating very difficult. The bulge on the left side is an interesting attribute. Ibis may be the early stage of developing a spur or small projecting point. This is a common trait of Palco-Indian scrapers and I say this only because there are other Falco-Indian artifacts in this assemblage. Palco-Indian scrapers were also typically rather large. Only because of this association with other Paleo-Indian artifacts in this assemblage do I make this suggestion otherwise I can not say what age this scraper is. 2. Projectile Point. This is a Palco-Indian projectile point made on a large flake of Burlington at possibly Warsaw chert. It may also have been heat-treated. This process of"cooking"chert tends to make the material more brittle and hence improves flaking. The point is very well made using percussion flaking in a horizontal pattern across the face with pressure flaking to shape and sharpen the edges. A small portion of the original flake platform still exists on the basal edge. The base and lower edges are heavily ground for better baiting onto a short foresbaft or directly onto a spear. The point has been well used as evident by the retouch flake scars and the slight shift of the thickest portion of the point on both faces causing a slight&,symmetry. This point seems to be most similar to one!mown as an Agate Basin that has a very wide distribution throughout the northern Plains. It is also similar to the Browns Valley point type,a slightly more regionally restricted type but is also similar to the locally identified Burroughs type. All of these point types date to the Paleo-Indian period,ca. 10,000-9,000 B.P. This point is a bit unusual in that there are no real thinning flakes at the base however,this may be a result of the remaining cortex or that thinning was simply not necessary. All things considered though,this is a very beautiful point, 3. Retouched blade flake. This is a cutting tool or knife is made on a blade flake of Burlington chert. A blade flake is any flake that measures at least twice as long as it is wide. The flake was made using an antler hammer as indicated by the broad platform and may likely have come from thinning a large biface. The multiple step-like fractmes neat the base are a result of previous failed attempts at flake 2 removal so whoever made this had to whack at the core several times before succeeding. A hand lens will show off the small pressure flakes used to create the working edge and microscopic analysis indicates that the tool had been used prior to loss. I can tell whether this tool was hafted into some kind of handle but it is possible. The right lateral edge towards the distal end has a small projection or spur. Coupled with the fact that the blade flake is prismatic in cross-section and that there were other Paleo-Indian artifacts associated with this tool I would venture a guess that this too is an old artifact,ca. 4,000±, 4. Projectile Point. This is an incomplete projectile point made of heat-treated Burlington Cbert. The base has been broken limiting solid identification. The point is well made using random percussion flakes for the shaping and small pressure flakes for edge shaping and sharpening_ The base appears to have been removed sometime after use and does not appear to be related to anything the prehistoric user did The tip has been broken as a result of hitting something indicating that this point was likely used as a spear or dart point. It does not look like any repair of the break was attempted but it does look like the point continued to be used,possibly as a knife(actually,most points served as knives as well,kind of like the many uses of a screw driver in today's world). The notches near the broken base have been retouched many times,attesting to the point's heavy use. They are slightly asymmetrical and coupled with the clear shift in medial thickness towards one side supports this tools long use life. Because the notches and base are absent I can not say with certainty what point type this is but it does seem to fit well into the Late Archaic period,ea, 5,000—2,800 B.P. It is favorably comparable with Table Rock.Raddatz,or Godar point types. It could also possibly fit in with Middle Woodland period types dating from 2,400—1,600 B-P. 5. Projectile Point. This point very well made on some type of oolitic chert, Oolitic chert is made of cemented round grains of silica or sand. A strong hand lens will show this and if you have ever been to the Bahamas,oolites make up thew beaches. I am not sure where the chert is from but I think it may be called Shakopee chert that originates in very southwest Wisconsin. The point is likely at the end of its use life based on the heavy retouch flaking and some internal flaws that can be seen on one side. The combination of pressure over percussion flaking is very good quality but again,supports the end of use life idea. The overall flaking pattern indicates a skilled hand and is similar to Early Archaic period workmanship. Some details including the parallel flaking on one face,the slight flaring out of the barbs, and the almost serrated lateral edges support this early date but others do not. 'The base is not ground but does appear to have been thinned. The noticeable chip in the center of the base is a result of plow damage. The overall shape and particularly the size compares favorably to Late Archaic period varieties including.Matanza and Brewerton types.It is possible to have great variation within a single points use life and it is also possible for tater collection and reuse of an earlier point type. however,I feel comfortable placing this one within the Late Archaic. The point undoubtedly served its fast function as a dart point but would also have served as a knife earlier in its life. 6. Projectile point. This point is very used up but is very well made too of a very good quality Burlington chert. The point was possibly if not likely discarded because it was exhausted The original flaking pattern is completely over worked with pressure retouch to the stage that virtually no other flakes can be removed without risking total shatter. There arc many impact flake removals at the distal end indicating that its last function was as a dart point. The point is side notched and asymmetrical,with basal ears that have a slight twist. The notches are likely widened due to the heavy use and the base is also heavily ground. This point fits well in to the Raddatz and Brewerton types. As an aside,much experimentation has been done on these Late Archaic point types and they all test favorable for primary use as dart points thrown by adatis or spear throwers. 3 7. Projectile Point. This point is a very well made Paloo-Indian point of a material called ignumbrite. This point is another that has been worked to the end of its use life. It is perhaps the most interesting though for many reasons. it represents a type called Fayette points. It has well executed, paradet flaking over the entire point and Iooks as if this pattern has been transformed from percussion to pressure throughout its life,a skilled knapping hand. 'There are small shoulders with the basal edges heavily ground. The base is concave due to basal thinning for hafting and is not as ground as the basal edges. The medial flake scars,or those flake scars across both faces,are worn smooth and can be clearly seen on the flatter side. This type of wear indicated considerable age and heavy use. Fayette points are similar to the broader found Dalton and lvierserve point types making Fayette a local/regional variation. This point most HWY served as a spear point but again may also have been use as a knife early in its use life. The raw matcrial is endued ignumbrite that is not common at all to Iowa. It originates from Nevada (!)but is seen often in western and central North Dakota(a little closer anyway). Pa1ea•Indian peoples art thought to have been quite nomadic as well as known to be very concerned that they always have a supply of gaol quality flakin material. it is also known that throughout the prehistoric period,trade was always a very important activity. The origin of this raw material and its arrival in Iowa is a very interesting question_ I have not seen very marry of these paint types and overall are not too cammon in such excellent shspe and of such a unique raw material. lfar is Vazquez e e to Iowa City horn Hichoaean, Mexico, with her husband, Rogelio the See IMMIGRANT,4A Attachment 2: 2606 rks tTiillil� 'Press-Citizen Article Family nn l a�theto donate 04e land for w city park By Men Pham m - raurs city Pressciaren 'en Tb preserve apart of the ind cf4N natmW landscape,an On- Iowa City famtlyisplanning to donate a portion of their Of Wt farm to be used as a ferteae Wtthe �1>a ing p�a�IIn in a t'fhave of our sonde views Crave gotten it6to px;_ mg Garrett Glenn,21,of Mount Vernon and Alaina Neu,20,of Iowa vate hands, , , — ingi City,watch the fireworks display Monday along the Iowa River on said George Dubuque Street in Iowa City, gtive of Iowa City. 'We feel him the scenic i auras axe, a _ on from 01 to give 't fresh look abet l avadable far everymre.» Dane,8%said too often prsss town expensive developments, Jasen A. such as the I2dge Cook Aparhnants along H*hwap James 1,uuhw attractive areas in town and nuke ttr uesclu- Drescher, sive to residents rather than works available to the on a tropical For dudre�asm t1he Daae fish-themed fisad has worked attm agreement with the Iowa mutat at the Natural Heritage indoor pool Foundation, a nonvofiY at the organization dedicated to Coralvto donate ille preserving lowals landscape, 177 acres ct dust Recreation Durn6dreseverDaregrard- center children deride to pow on the properly. Terry Trueblood, Iowa ..� City director of parrs aid . - recreation, said the land, Here to swim? east of Dane Road on the dfy�s southwestside,would pool at the CaraWlOe a Nkd A.Lae Comnaarigr be granted to thecity by the MW will dose from Wednesday Recreation OMW pool,220&Gilbert Iowa Natural Heritage Famdatiori through a core- iythese pools instead: St.,Iowa City,356£6100. dttional use permit. Urly Community Aquatic ■Mercer Park Agratic x,1317 Giving the property to W.Cherry St,626-5716. Dover SboA Ion M 356.5109the knendabort g`rtra`rmes Gbttrnun ty Aquatic r City Park Pmol,200 E Park Road, that to wDt be preserved to Seventli St,248-1768. Iowa City,356-5106. See PARK, 41L ECORDS Tuesday, July 4,2006 ParkImmigrant "I want us tohave a stable job,save some From 3A From 3A l0 money and buy a 1,of protect the amas greavest feature Lopez art yeas ago. Also sang- ' —the hilltop view.Dane said filing to speak Frog sN Vm*wz house.�� ,r in Datee, whose daughter, Janet said she experienced problems um, Ihiscnll,stilt Homs at Ow Property, with the language and her employ- Mareela Hurtado and saidtheperraiteculdberevokedif ersatherSlstjobatatestaueaMin )wa the city plazds new trees or btelds (lump, She said het employer area,she said she was concerned t of additions Stat would obstruct the maAje it cera they wanted to him as the debate about depnttaous , July +airs ethnic groups other than contained oats `Aside from the trees that have I$siv'ri s. "We were scared about going , t of been there kin er ... we don't -When I started working,I felt out when the (debate) was Joe want them to put any more in to discramnated split%" Vazquez going on," she said through an block therojeworputinthings that said. interpreter. Wife don't fit with the area,"he said. Families also haee had to deal Main o had the same con. liter Although it could take up to 15 with futaneial and job concerts, teras,especially because hest sots Hill yean;for the land to be turned into Vazquez said her husband was horn in the united SYatts;azul tzu� apa¢k,he said it was important to could not find a jobin the area and is considered an American citizen. . , ) plan ee*to worm the pxvvava- now wGras at a Mexit:ta super- She said she became more con avid don of the'&topview. markt a Des 141oines,cOmmutittg cerned about skins about worker my) The hQuip overlooks much of haus to his fardly on the week- permit s,atm where vomigrtnts is(er Iowa(',ity and includes views of end% Hurtido said she and her arrhired toakx-aticountheprom aflf; tin Iowa City Municipal.Aupott, husband have had sporadic work use of se ming a legal msa, but a,1 West Sigh and the city water with a temp agency This has hurt uwmal we arrested and deported. ,Std) tower in finding money for medical cue She said thathappened to an ZXX "Iltiere really mt a park in for her as she awaits the birth of acquaintance of Iters. 1ehL town wlierp you can get a good her child and occasional care for `When they started talking _ Aew of the city,"Dane said @the Joshua, who had open-heart sur- about roumdimg up the Me,: urs,I view here is fantastic.On a dear fiery viten he was q months oil got scared,"1 buutado said.Iily:rin - day,YOU can watch the sun mine She dots not have health ittsur- is an Atnecicim citizen and myhtLs- up and at night you can watch the awe but mimpay for her monthly band ishem." S- moon" checkups at University Hospitals, The three families all have high Bane said his faulty,who also Thri included paying$800 for an hopes for the future Castillo said donated 14 acres in IM for ulmisoomd she wants topayoff whatsheow'Es ds.. l5wauis Park, has treasured the "I wanted to make sure my catherttailer at Forest45ew'Ifailer ied hilltop location mid its view since babyLs growingW 1hirtatlasaid. Court in buying it in 1925 AFhen discussion about curtail- Vazquez said she hopes to:x?e at Ike suidpeoplehaveappmoched ing illegal munigration became her husband find ajob in Iowa City - eo_ hun with ofies to buy the tanil,but headline trews, _ within afew mordisand toeven- for he Iminwrr been interred in sell- Anna Castillo dually open her cum business sell. :es Mg bpecinisi it is am open mune begin to fear the ung Blexbcarinade,goods such as he unpott M to protea the rural land- worst C'asttlto fol- shoes andjewehy on srape with the etpcxoacftmtrsrt. of towed her hus- Vazquers cmisit, Claudia RL urban dmvLupmcstt band, Gustavo lbarra,a 15-year-old who follmwd e. "if we wild it to someone, it Coronado, with Vazquez to Iowa City a year ago, would be. theirs," Dane said. their daughter, �. wants to learn English as she starts "What I emision hero is sane A l e j a n d r a at City high as a freshman shelters where people can have Coronado, 18 ihrerado said she has simple , pirnius,hopefully ttq kites... ' months, to Iowa COS"110 asptratiort, family 3� sfor her her ' somewhere they can come out City from Sat Dits, Mexico, in `I want us to have a stable job, ee and enjoy what they can of the March 2*5 While he has a job save some many and buy it ly Countryside-" working in construction in the houseshe said U co -- } Pool r- a ' From 3A �. R y to have painting and filter proj- ^i o ects done at the same time," e Aquatic Supervisor Farcn Von r No.,trand said. - t Summer is usually the slow- Ya llosl and Prochaska Borns Plume f act tion for the sa-,nl that has :n « O � � pry N9a O �� � C',.1t '� '✓ r. ,Lt VC" 'a~ •� NV � O =G..FF `N w 'O fN� VYi.=" a`5+'^� G,ryF WC r. V5 ,. ^�•' V oDEyS S W yHrL9n �c—i �Y c�' Lj q� _' ■ � "'^, C .ti ova �a=�� a � :3-�� -=.Y ' F � o. E .: E "� x'Sa.b co E cc } �` �'' �.' o .� •"v3 Em�a �> � w °' � w Y��.'-�J L. Y � E' Ei c'm ;c= c ^f`�y�"•".^.; `a- Q.ti o '..3 o_ v�o'�_m�� Euo 6E' mz k •`n tc,.�.^' F�.C � r�.°� 'c' COO N O.w • w W C f ^`G f V N fn R .. F O S 4 L.O n „ y 'J YF } (: j h C H L m d j.v a C V'L 9 0 N may .y ±� ... W °' c ^•O E �' x G b• C �: 4= R d w C � > 0. ,� � `�' 2 E cy d.« � n� m �� c c � R�.. 3 o•`mC q� M `a- T c C H SUS"j'm tea— ; ;5 mY3 m WSME a � x� F y'Y wu �a:9 cc " icy.,w- EF4cRc E � � lr1 r�`.� Y.. 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Huey, AICP timothVlhuey a gmail-com 563-343-7717 To: Iowa City Council From: Timothy Huey, AICP Date: March 29, 2023 Re: REZ23-0002 Mormon Trek About Me: I have over 33 years of experience in city planning, including serving as the Planning Director for Scott County and Development for 25 years. I also served on Davenport's Lindsey Park Steering Committee and Bettendorf s Regional Park Master Plan Task Force. Regarding the Rezoning Repuest: The Dane Family Trust owns the 17.58 acre parcel at 4120 Dane Road SE adjacent to the east side of the subject property requesting to be rezoned. The Dane Family Trust opposes this rezoning and would ask that the City Council consider the following: The existing zoning of CO-1 allows for the reasonable development of the subject property in a manner more compatible with the plans for the Dane Family Trust property than the more intensive CI-I zoning requested. This subject property was rezoned from a Ci-I District to the current, more appropriate CO-I District fifteen years ago. There does not appear to be any change in this property or in the immediate vicinity that would necessitate this rezoning; other than the apparent desire to market the property to allow its development with more intensive commercial uses. Furthermore,the existing CO-1 zoning provides a buffer and a transition in land use between the future park property and the commercial development on the south side of Mormon Trek Boulevard. The low-profile office building on a portion of the area to be rezoned is a good example of a buffering land use that serves as a transition from high intensity on the south side of Mormon Trek Boulevard to the low intensity/passive land use of the Dane Family Trust property. The Dane Family Trust recognizes that their property has unique topographic features, such as being perched 100 feet in elevation higher than the adjacent airport runways. It affords 360- degree views of the surrounding landscape and has been owned by the Dane Family for nearly 100 years. The current Dane Family Trust was established to protect and facilitate the preservation of this property as a future park and to have it remain as natural open space. The plan is to gift this land to the Iowa Natural Heritage Foundation with the goal of having it operated by the Iowa City Parks Department as a City Park. Ryerson's Woods is an example of a natural area that was preserved for open space and park purposes by the Ryerson family and similarly that is what the Dane Family Trust wants to do with their property. Ryerson's Woods is 40 acres of wooded, steep hillsides, containing a wide variety of native plants and wildflowers. The woods were preserved by the Ryerson family and are now a State of Iowa Timber Preserve,which protects it as a conservation area and a natural open space park with an interpretive trail system. Timothy L. Huey, AICP 2 timothvlhue mail.com 563-343-7717 Iowa City Comprehensive Plan: The Dane Family Trust is not opposed to development of the subject property with the current CO-1 zoning. In support of keeping the existing zoning in place,the IC2030 Iowa City Comprehensive Plan provides sufficient rationale for the denial of this rezoning. Such a denial would be supported by the aspirations and vision expressed by that plan. The Comprehensive Plan states that properties of unique and sensitive character should be preserved and protected. Iowa City's Sensitive Areas Ordinance helps protect and preserve areas such as Ryerson Woods and other parks in the vicinity of this property such as Mesquakie Park, Napoleon Park, Sturgis Ferry Park, Sand Prairie Park, Weatherby Park, Riverfront Crossing Park, Kiwanis Park and Willow Creek Park. Clearly the Future Land Use Plan encourages the dedication of parks and the protection and preservation of sensitive and unique land such as the high knoll that is the Dane Family Trust property. The Comprehensive Plan's vision cited in the section for Environment, Energy and Resources states that Iowa City values areas of unique natural heritage. Areas that have sensitive ecological and unique topographical features of the natural terrain should be protected as open space. The Parks and Open Space section of the Comprehensive Plan includes a Neighborhood Open Space Plan that also supports the preservation of unique features and environmentally sensitive lands. The South Central District Plan cites the long range land use plan for this area as a mix of residential. public, commercial, office, institutional and industrial land uses with buffer areas proposed to mitigate potential conflicts between uses of different intensities and to preserve_ sensitive features.(emphasis added). It would appear that the plan is addressing the Dane Family Trust property specifically with this language. Keeping the subject property with the current CO-1 district zoning is more likely to provide just such a buffer in transitioning land use. The South Central Plan also includes a plan for an expanded trail system in this area,which could easily add the Dane Family Trust park land as a destination on that trail system. Conclusion: In conclusion the denial of this rezoning will not prevent the sale and development of the subject property for reasonable uses compatible with the surrounding properties. Additionally, the existing CO-1 zoning provides a buffer and a transition in land use between the future park property and the commercial development on the south side of Mormon Trek Boulevard. The Dane Family Trust believes the Comprehensive Plan supports the preservation of its land for future open space and park purposes. Furthermore,regardless of the outcome of this application the Dane Family Trust will continue to remain involved in the development of property adjacent to the Trust property in order to ensure such development will, as much as possible, minimally impact the future plans the Trust has for their unique property. Many site specific issues will depend on the proposed development and can be addressed at the time of a Site Plan Review. However, it is recommended that the zoning only be approved with a condition that no access be permitted to the property from Dane Road and that a non-access easement to Dane Road be recorded on the subject property. Continued to 4/18/23 Prepared by: Parker Walsh,Associate Planner,410 E.Washington Street, Iowa City, IA 52240;(REZ23-0002) Ordinance No. Ordinance rezoning approximately 13.00 acres of property located within the JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions and between Mormon Trek Blvd. and Dane Rd. SE from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI- 1 ) (REZ23-0002). Whereas, the owners CFGRB Realty Holdings, Inc., D & P Property LLC, Donna Allegra Dane, Harold John Dane III, Helen Elizabeth Dane, James Warren Dane, James R. Davis, Patti L. Davis, Jan Ellen Smith, Shottenkirk I C R, LLC, have requested a rezoning of approximately 13.00 acres of property located within the JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions from Commercial Office Zone (CO-1)to Intensive Commercial Zone (CI-1); and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for Public/Semi-Public and Office Commercial and that the Future Land Use Map shall be used as a general guide for development of land within Iowa City in addition to District Plans and neighborhood design principals; and Whereas, the South Central District Plan identifies the subject property as appropriate for Intensive Commercial or Office Commercial due to the proximity of the adjacent Iowa City Airport and establishes goals to establish a commercial corridor with a mix of retail, office, and other businesses along this major city entryway; and Whereas, the neighborhood design principles of the Comprehensive Plan encourage neighborhood compatible and complimentary infill development; and Whereas, Iowa Code §414.5 (2023) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the need to dedicate to the City, without compensation, right-of-way along Dane Road SE, the requested zoning is consistent with the Comprehensive Plan; and Whereas, this condition has been satisfied. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby classified Intensive Commercial Zone (CI-1); Lots 1 through 4, JJR Davis Second Addition, Iowa City, Iowa, and Lots 1 through 4, JJR Davis Fourth Addition, Iowa City, Iowa, and a portion of Dane Road shown on the JJR Davis Second Addition Final Plat adjacent to Outlot"A", all more particularly described as follows: Beginning at the Northeast Corner of Lot 1 of JJR Davis Fourth Addition to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 52 at Page 236 of the Records of the Johnson County Recorder's Office; Thence S20°27'28"E, along the North Line of said JJR Davis Fourth Addition, 247.05 feet; Thence N62°25'02"E, along said North Line, and the Northeasterly Projection thereof, 298.84 feet, to a Point on the East Line of the Southeast Quarter of the Ordinance No. Page 2 Northeast Quarter of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence SOO°17'32"W, along said East Line, 372.67 feet, to the Southeast Corner thereof; Thence N89°46'47"W, along the South Line of said Southeast Quarter of the Northeast Quarter, 33.00 feet, to a Point on the East Line of said JJR Davis Fourth Addition; Thence SOO°08'54"W, along said East Line, 379.56 feet, to the Southeast Corner thereof; Thence S47°50'33"W, along the South Line of said JJR Fourth Addition, 29.68 feet; Thence N89°47'31"W, along said South Line, 181.27 feet; Thence Southwesterly, 356.23 feet, along said South Line, and the South Line of JJR Davis Second Addition, in accordance with the Plat thereof Recorded in Plat Book 49 at Page 101 of the Records of the Johnson County Recorder's Office, on a 533.00 foot radius curve, concave Southeasterly, whose 349.63 foot chord bears S71°03'42"W; Thence S50°03'20"W, along the South Line of said JJR Davis Second Addition, 33.13 feet; Thence N81°50'57"W, along said South Line, 52.69 feet, to the Southwest Corner thereof; Thence Northwesterly, 593.39 feet, along the West Line of said JJR Davis Second Addition, on a 1750.00 foot radius curve, concave Northeasterly, whose 590.55 foot chord bears N26°03'50"W; Thence Northwesterly, 135.10 feet, along said West Line, on a 549.00 foot radius curve, concave Southwesterly, whose 134.76 foot chord bears N23°34'44"W, to the Northwest Corner thereof; Thence N61°00'41"E, along the North Line of said JJR Davis Second Addition, and the North Line of said JJR Davis Fourth Addition, 696.87 feet, to the Point of Beginning. Excepting therefrom Grace Drive Public Right-of-Way. Said Resultant Rezoning Parcel contains 13.00 Acres, and is subject to easements and restrictions of record. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication in accordance with Iowa Code Chapter 380. Passed and approved this day of , 2023. Mayor Attest: ApprovedAf • City Clerk City Attorney's office (Sara Hektoen —03/30/2023) I r i �- City Council Supplemental Meeting Packet CITY OF IOWA CITY April 3, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Handout(s): Information Packet Email from Councilor Harmsen: FYI [Rochester Avenue Reconstruction Project Discussion] arini I onin Matters - -- Item 10.a Rezoning - JJR Davis Second Addition and JJR Davis Fourt 'tion Subdivisions located between Mormon Trek Blvd. and Dane Rd. SE - See correspondence from the following: Jason & Carol Gehrs, Heecheon Jeon, Ron & Sheryl Aiken, Janet Soboroff, June Hamer i Item 11.b FY24 Budget Public Hearing - See correspondence from the following: Pat Ryan, Donna Hirst, David Sterling, Iowa City Democratic Socialists of America, Allie Koolbeck, Joe Slattery, Luke Perez, Hillary Schofield, Jeff Walberg, Jayne Meacham, Raneem Hamad, Thelma Trujillo, Zeru Peterson, John Engelbrecht, Amy Konczyk, Matt Farrell, Mei-Ling Shaw, Ginny Blair, Julia Leonard, Audrey Keith, Jim Walters, Caroline Dieterle, Thomas Stevens, Emily Magnuson, Jackie Mills, Rebecca Carver, Alexis Soukup, Kyle Jennings April 3, 2023 City of Iowa City Ashley Platz From: carol gehrs <carol.gehrs@gmail.com> Sent: Sunday,April 2, 2023 7:24 PM Late Handouts Distributed To: *City Council Subject: Dane Park rezoning reconsideration request (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I have been privileged to visit the George and Marjorie Dane estate on several occasions over the past 24 years of living in the Iowa City area. It is a beautiful site and one of the few'open space' hilltops with views of the city. It is a tremendous gift for the citizens of Iowa City and those of us who work and also enjoy the park system in Johnson County.The Dane family has a vision for the park...to host family picnics,fly kites, host band concerts, a place to play games, enjoy winter sled runs,stargazing, plus view fireworks and so much more. It would be a great location for a community gardening site in addition to a park offering. The proposed change in zoning is too intense and intrusive and would negate the purpose of having a community park on that property.There are other, existing industrial areas in the city which could be further developed/expanded for heavy industrial uses if needed.This area should remain as close to what it is now as possible. Please keep the property as it currently stands...CO-1 zoning. More intensive uses would bring with it more intensive lighting, noise,at all hours of the day and night, as well as potential security threats to those who would utilize the park plus destroy any sense of a park atmosphere. Please be mindful of this tremendous gift to future generations and protect its value as a piece of property, as a haven for families and keep its surrounding area peaceful and tranquil for all to enjoy. Thank you for your consideration and support of maintaining the current zoning designation for this park donation. Jason &Carol Gehrs 311 Ella Street Riverside, Iowa (11 year residents of Iowa City) Y Ashley Platz From: Heecheon Jeon <hjeon@icfirstchurch.org> Sent: Monday,April 3, 2023 3:02 AM To: *City Council; Geoff Fruin; Eric Goers; Sara Greenwood Hektoen Late Handouts Distributed Subject: Rezoning for the Dane Family Park 1 (Date) DISK "*This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments.** Dear Iowa City Council Members, I would like to request including this letter in City Council packet for April 4, 2023 meeting. First of all, I thank you for this opportunity to express my support for the future Danes Family Park in opposition to rezoning. I have known the late George Dane as my parishioner and friend and as a prominent and influential community member who was deeply committed to the common good for all. His love of Iowa City has impacted so many lives and will continue to do so. His vision for the future park must be preserved intact and executed for our future generation, because his vision is solely for the public interest, not for any economic interests. I have been in the beautiful Dane's property several times. It is a treasure for the whole Iowa City if we preserve it as a city park for the public. Iowa City is a growing area. Everyone wants to live here. This is another reason that we need a place like the Danes property to be a public park so that more families and friends in Iowa City and others will be able to enjoy the 360 spectacular views from the top of the hill and on the starry night without interference of those bright commercial lightings and traffics. Please reconsider the rezoning of the Dane family property and allow that to be a city park for all our residents of Iowa City. If you have any further questions, please feel free to contact me at 515-664-6040 or heron icrirstchurch.or . Thank you so much for your consideration, Sincerely, Heecheon Jeon Rev.Heecheon Jeon, Ph.D.,Lead Pastor(he/his/him) The First United Methodist Church of Iowa City 214 E.Jefferson St. Iowa City, IA 52245 (319) 338-9259 (office) (515) 664-6040 (cell) email: hieonPicfirstchurch.ore website: www.icfirstchurch.org "I Look upon the World as My Parish!"-John Wesley Come join our vibrant worship services on Sundays:9:00&20:30AM 1 Ashley Platz 1 0 . ck- From: JANE DRISCOLL <jdriscol@aol.com> Late Handouts Distributed Sent: Monday,April 3, 2023 12:17 PM To: *City Council Cc: Mom Driscoll Subject: Letter to City Council for Mtg on Tuesday, April 4, 2023 (Date) **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** >April 3, 2023 >To Whom It May Concern: > Please accept this as a letter of opposition from Ron and Sheryl Aiken, to the proposed rezoning of the property adjacent to the future Dane Family Park. > >As former residents of Iowa City, and then Coralville, Iowa,we were privileged to become friends with the Dane family. John and Allie Dane and George and Marjorie Dane and their families welcomed us into the community and embraced us and our children.John and Allie had a petting zoo which our children liked to visit and they also generously allowed us to use a portion of their land for a family garden. > >George was a shining example of an honorable, intelligent,wise, and warm-hearted man of valor. His kindness to all, and his openness towards strangers stand out as characteristics that are reflective of what we remember about the state of Iowa. His smile and his care for others were hallmarks of his demeanor. He was all about community and relationships, and his vision for a peaceful meeting, recreation space (through the donation of land for community benefit)would certainly be tainted by having the adjacent land zoned for commercial development. In George Dane and his family,we can think of no one who better exemplifies the best of what the state stands for. Hoping you will consider this man's commitment, sacrifices and love for his beloved Iowa City as you make this decision. > >Thank you for considering our comments. > >Sincerely, > Ron Aiken, >former Hawkeye football assistant coach and wife, Sheryl > t Ashley Platz From: Janet Soboroff <jankcjj@gmail.com> Sent: Monday, April 3, 2023 2:29 PM Late Handouts Distributed To: *City Council Cc: Geoff Fruin Subject: Rezoning of properties along Mormon Trek near Dane Family Farm (Date) RI'sx **This email originated outside of the City of Iowa City email system.Please take extra care opening any links or attachments.** I would like to urge the Iowa City Council to reject the request for rezoning of properties near the George Dane family farm property on the west edge of Iowa City. I have been privileged to visit both the portion of this land that has been in the extended Dane family for nearly 100 years and farmed by John and George Dane and their descendants. The love and stewardship of Iowa farm land runs deep for me as my mother's family were immigrants to Iowa in 1854. When George Dane proposed that his part of the farm eventually become a park that all of the citizens of Iowa City could enjoy, I do not think that he thought it might be marred by being surrounded by paved over parking lots for car dealerships. Rezoning this area could lead to more light pollution, water runoff with resultant pollutants, noise pollution and further obstruction of the views from the Dane hilltop that includes watching some of the spectacular sunsets to the west of the property. I ask again that you reject the zoning boards recommendation to change the zoning of those properties and accept the free gift of public lands from the Dane family trust. Sincerely, Janet Soboroff 1 Ashley Platz From: June hamer ajhamer54@gmail.com> Late Handouts Distributed Sent: Monday, April 3, 2023 3:28 PM To: *City Council Subject: Include in City Council Packet for April 4, 2023 meeting (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments.** I have known the Dane family for many years and I know how important it is to this family to keep this view open for all to enjoy as a beautiful park. I am against the rezoning of this property. Sincerely, June Hamer t I r 1 � 4 wirnor` T-4 City Council Supplemental Meeting Packet CITY OF IOWA CITY April 4, 2023 Information submitted between distribution of late handouts on Monday and 3:00 pm on Tuesday. Late Handout(s): Planning & Zoning Matters Item 10.a Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions located between Mormon Trek Blvd and Dane Rd. SE - See correspondence from the following: Christine Leech, Chris Hedlund, Bob Dane Regular Formal Agenda Item 11.b FY24 Budget Public Hearing - See correspondence from the following: Emma H, Logan Drake, Eli Shepherd, Stephanie Cromer, Sharon Lake, Jennifer Kaalberg-Freers, Theresa Nilles, Caitlin Savage, Justin Comer, Flannery Currin, Dan Daly, Isabel Hogg, Zachary Morris, Tom Carsner, Rani Simawe, Iowa City Democratic Socialists of America, Hannah Zadeh, Izzy Kippes, Denise Chevalier, Daphney Daniel (x2), Maeve Biscupski, Emily Edwards, Devyn Hall, Temple Hiatt, Annalicia Garnica, Coordinating Committee of COGS UE Local 896, Tricia Zebrowski, Angela Ward, Karen Greenleaf April 4, 2023 City of Iowa City Ashley Platz 0- From: christine leech <leech.christine@gmail.com> Sent: Monday, April 3, 2023 4:38 PM To: *City Council; Geoff Fruin; Eric Goers; Sara Greenwood Hektoen Late Hand0uts Distributed Subject: Dane Family Trust 0 Z'AS (Date) RISE( **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** TO INCLUDE IN CITY COUNCIL PACKET FOR APRIL 4,2023 MEETING Ladies and Gentlemen,My name is Christine Leech. I have been an Iowan since birth. I grew up in Muscatine and graduated from the University of Iowa. My husband and I moved to Iowa City in 2012. 1 am very concerned about what might happen to the Dane Family Trust and the land adjoining it. I had always wondered about the land at the end of the airport. It was beautiful and natural.Then I met Jane Driscoll, a Dane granddaughter.She showed me the land and explained its history and what will happen to the land in the future.What a wonderful gift to Iowa City from the Dane Family! I understand that now a proposed zoning change to the property next Dane Trust would allow businesses,warehouses,almost anything to be built there.This would greatly affect the Dane Family Trust land. Please listen to what the citizens of Iowa City want for this land.There are so many other places to build businesses. Please keep this wonderful gift natural, as it is now. Thank you, Christine Leech t Ashley Platz From: Chris Hedlund <hedlundsc@gmail.com> Sent: Monday, April 3, 2023 9:32 PM Late Handouts Distributed To: *City Council;Geoff Fruin Subject: Dane Family Park OL1 - aH - 23 **This email originated outside of the City of Iowa City email system. Please takqEkjft�are opening any links or attachments. ** We write this letter in support of the Dane Family's request to deny the zoning change that has been proposed. This change will certainly negate the tranquility and dream the family had for a park. Thank you for your consideration, Dr. Steve and Chris Hedlund Sent from my iPad 1 Ashley Platz From: bob dane <grdane3@aol.com> Sent: Tuesday, April 4, 2023 1:12 PM To: *City Council Late Handouts Distributed Subject: additional comments re: Mormon Trek zoning Attachments: We sent you safe versions of your files; City council 4.4.23.docx Oji- dy _ 23 (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. I am unable to attend the council meeting this evening. Attached is what I would have said. Thank you. Bob Dane 704 Caroline Ave Iowa City 52245 319-430-4141 1 City council 4-4-2023 1 read with great interest the Press-Citizen article from Thursday, March 23 regarding the approved zoning change by the Council for the SW corner of North Dodge and Scott Blvd across from the Fire Station. I agree with this change. It will be a 'good use' for that corner. I'm sure any traffic flow issues will be resolved. The Council knew exactly what you were authorizing when you voted to change the zoning to allow a new Scooter's. Buildings, tenets, plot plan, developer, etc were all brought to the attention of the council, and the public, before voting. These types decisions should be made with as much information as possible. Transparency is a good thing. My concern is that the same information has NOT been brought before the Council for another zoning change request in SW Iowa City near the Billion Auto complex along Mormon Trek. [Case No. REZ23-0002 East of Mormon Trek Blvd along Grace Drive.] The applicant is David Billion (Billion Auto) as stated in the documents and in the letter from MMS Consultants Inc., (February 16, 2023) "On behalf of Billion Auto we are submitting a request for a Rezoning...." In other statements within the zoning request packet: "The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighborhood representatives." (page 3). And page 5, "Although there is no development proposed as part of the rezoning, a rezoning to CI-1 may provide more opportunities to serve the community in the southwest part of town, as well as travelers along a major city entryway." Let us be realistic as to what is being planned for these 13 acres. Billion is in the business of selling automobiles. To the best of my knowledge they don't build apartments, nursing homes, recycling centers, restaurants, or have an interest in any of the other approved uses within a CIA zoning. They build car dealerships. Billion has been involved with zoning requests for this area since May 3, 2010. (Corridor Biz news: Billion plans vehicle campus near Mormon Trek Blvd). And I have been told that they recently acquired an additional line of cars (Subaru?) which will need its own space. It was suggested to me after the Planning and Zoning meeting of March 1, that the Dane Family should buy this parcel to protect the west side of Dane Family Park. I explored that possibility with just the parcels that belong to my cousins. I was told that they are already under contract pending this change in zoning. So I guess there have been some 'discussions with the neighborhood representatives' —just not the George Dane Family and dad's estate. I think it safe to assume that you will actually be approving a new car dealership. Documents and plot plans have yet to be made public, but I am sure they are in progress somewhere. Our family's concern is not necessarily in just the change to CI-1, but to another car dealership adjacent to the Dane Family Park. That is the only obvious intention before us at this time. We have no idea what another developer might propose for this 'new' CI-1 space in the future; and whether or not we would feel it to be compatible with the park, but we not aware of any other developer. The neighbors around the new Scooters know what is planned and have seen the drawings. The Council knew the project for which you were voting. I think the same should be true for this re-zoning request along Mormon Trek. Our second concern is that the city has yet to recognize that the Dane Family Park will happen. Our documents are in place, the estate plans have been filed, and the relative parties, including Iowa City, have been notified. But we have yet to see any indication on behalf of Iowa City, not in any future maps, plans, or even a, "Yes, we understand that there will be 17-acres made available to Iowa City to establish a park on the hill west of the airport." The plans to donate the land necessary to create The Dane Family Park became public in July 2006 from articles appearing in the local papers and discussions with Terry Trueblood and the City Council. I think back to when my wife's family arrived in Iowa City in 1961. They found a house they liked on Whiting Ave. The agent working with them said, "This is a great location for a young family as there will be a NEW elementary school in the neighborhood." At that time my wife was in 6th, her brother in 4th. The real estate folks already knew about the plans for the school. Shimek opened in the fall of 1970, after her brother had graduated from City High. My point is not that it took a long time to open, but that the School District, Iowa City, and realtors knew in 1961 that space had been allocated for a school. Why hasn't the City made the same acknowledgment for the Dane Family Park and thereby taking the park into consideration when making decisions for land use around it? This land will be donated to the Iowa Natural Heritage Foundation and made available to the City for a park and recreation area. I do NOT think a car dealership is the appropriate adjacent neighbor for a park. Where in Iowa City is there a CI-1 zoning adjacent to a park? CO-1 zoning, as it is currently, Page 3 would continue to make available this land on which to develop uses that would be compatible with The Dane Family Park. Thank you for you attention. We think the citizens of Iowa City should be made aware of what may soon be another car dealership. And understand the affect this would have on the Dane Family Park and the negative impact it would have on the families that visit. Bob Dane 704 Caroline Ave Iowa City IA 52245 319-430-4141 Item Number: 10.b. CITY OF OF IOWA CITY COUNCIL ACTION REPORT April 4, 2023 Ordinance vacating approximately 5,129 square feet of the Grand Avenue Court public right- of-way and authorizing conveyance to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa. (VAC23-00001) Reviewed By: Geoff Fruin, City Manager Staff Recommendation: Approval Attachments: VAC23-0001 Report w-attachments.pdf PZ 3.1.23 prelim minutes.pdf VAC23-0001 Ordinance.doc STAFF REPORT To: Planning and Zoning Commission Prepared by: Emani Brinkman, Planning Intern Item: VAC23-0001 and Anne Russett, Senior Planner Date: March 1, 2023 GENERAL INFORMATION: Applicant: University of Iowa Attn: David Kieft 4 Jessup Hall Iowa City, IA 52242 Contact Person: University of Iowa Attn: David Kieft 4 Jessup Hall Iowa City, IA 52242 Owner: City of Iowa City 410 E Washington St. Iowa City, IA 52240 Requested Action: Vacation of the remaining part of Grand Avenue Court Purpose: To incorporate land into proposed redevelopment of the area Location: Northern one-third of Grand Avenue Court Location Map: m1, ! IAIB 17. d oa Amici_-M Size: 5,129 square feet Existing Land Use and Zoning: n/a Surrounding Land Use and Zoning: North Institutional Public Zone (P-2) South Institutional Public Zone (P-2) East: Institutional Public Zone (P-2) West: Institutional Public Zone (P-2) 2 Public Meeting Notification: Property owners within 500' of the subject property received notification of the Planning and Zoning Commission public meeting. Vacation signs were posted on the site at the corner of Grand Avenue Ct and Grand Ave. File Date: January 27, 2023 45 Day Limitation Period: n/a BACKGROUND INFORMATION: The applicant, the University of Iowa, submitted a request to vacate approximately 5,129 square feet of City right-of-way located at the northern one-third of Grand Avenue Court. If granted, the vacation would allow the University to move forward with plans to redevelopment the area. The City vacated the southern portion of Grand Avenue Court in 2002 (VACO2-0003) to the University. ANALYSIS: The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; f) Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: Grand Avenue Court provides a link between Grand Avenue and Melrose Avenue but only buses, emergency vehicles and Slater Hall service vehicles can access Grand Avenue Court from Grand Avenue and most traffic uses Byington Road and South Grand Avenue, which are configured for circulation around this block. The lack of sidewalks along Grand Avenue Court makes it undesirable for pedestrian traffic. Grand Avenue Court provides the only vehicular access to 124, 122, 120, 121 Grand Avenue Court, and 311 Grand Avenue. All of these properties are owned by the applicant and according to the University will be vacant by June 1 and incorporated into the proposed redevelopment of the area. b) Emergency and utility and service access: To ensure adequate fire and emergency protection, the City requires that prior to the vacation an access easement be established for fire and emergency services. The easement would be released upon approval by the City's Fire Department. The street currently contains private utilities and a City water line. Utilities easements must be retained for these utilities, as well, unless they are relocated, removed, or abandoned. c) Impact on access of adjacent private properties: The University owns all the property adjacent to Grand Avenue Court. There is no impact to private properties. 3 d) Desirability of right of way for access or circulation needs: This street provides very limited connectivity to the larger street system. Staff has determined that there is no need to maintain the right-of-way for access or circulation needs upon redevelopment. e) Location of utilities and other easements or restrictions on the property: Private utilities have been contacted and asked to identify if they have any facilities within the subject right-of-way. The subject right-of-way contains existing public and private utilities. Specifically, Lumen, MidAmerican, and Mediacom have existing utility lines and there is a City water line. The City's water line must be abandoned and a new line established subject to review and approval by the City Engineer or an easement must be established. Additionally, the private utility lines for Lumen, MidAmerican, and Mediacom must either be relocated, removed, or an easement established prior to the vacation. f) Any other relevant factors pertaining to the specific requested vacation: Staff does not believe there are any other relevant factors pertaining to the specific requested vacation. NEXT STEPS: Upon recommendation by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. The City Council will discuss both the proposed vacation and the conveyance. State code allows the City to convey land to other governmental entities without compensation. STAFF RECOMMENDATION: Staff recommends the approval of VAC23-0001 a vacation of the northern one-third of Grand Avenue Court subject to an access easement for fire and emergency protection, private utility easements, City water line easement as described in this report and in forms approved by the City Attorney's Office. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Vacation Exhibit Approved by: itzma , I P, Development Services Coordinator Department of Neighborhood and Development Services Riverside Dr I D to -All rr � aASA.J-pity '�T_ gyin9ton Rd u - a 10anuany puejq hr i e.. ',� a �• �`� O 7 m u m O w Ii � a f � � a Y7y 'L• 'C �9 ice- C+i cz Lucon F w0 Dr 41 ARM e� A pp Y C++ . U N �I RiversideDr _ H F �S rside Dr p` - ,g_ �s Y S Rvers de�rff " ` LL ;NULr.J 1 Ab `7 C T4s ti �' ' BYin9tonRd a � N a 10 anuany puejq - i . Y O 7 m w u O m N N a � a L m s. ia' m _ �:D cz � c7 Lucon F w Dr 41% A t > O G E • � s''� -_'^ .. .... -'!�=—.-'ter.-:._ � • cn O c � • � v N Y � CZ • o > Y A* z a - z m GRANDAVE Vacation of public right-of-way for Grand Avenue Court �r i a � Z M N d Z D Q f > RLY . U o 1 > > M '6 O � O 6 N 0- (D W ' U N a UO ,U m O U 7 Cm � ra MELROSEAVE 0 rm • A 0 Z Vacation and Conveyance IOWA Grand Avenue Court 0 50 100 200 Map Date: Friday, January 27, 2023 Feet MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MARCH 1 , 2023 — 6:00 PM — FORMAL MEETING EM MA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Maria Padron, Billie Townsend, Chad Wade MEMBERS ABSENT: Mark Signs STAFF PRESENT: Sarah Hektoen, Anne Russett, Parker Walsh OTHERS PRESENT: David Kieft, Dave Larson, Dennis Mitchell, Jane Driscoll, Bob Dane, Daniel Tiedt RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission recommends approval of VAC23-0001, a vacation of the northern one-third of Grand Avenue Court subject to an access easement for fire and emergency protection, private utility easements, City water line easement as described in this report and in forms approved by the City Attorney's Office. By a vote of 6-0 the Commission recommends approval of REZ23- 0002, a proposal to rezone approximately 13 acres located east of Mormon Trek Blvd. and along Grace Dr. from Commercial Office Zone (CO-1) to Intensive Commercial Zone ( CI-1) subject to the following condition: 1. Prior to issuance of a building permit, Owner shall: a. Dedicate to the City, without compensation, right- of-way along Dane Rd. SE CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. VAC23-0001: Location: Grand Avenue Court Right-of-Way An application for a vacation of approximately 5,129 square feet of the Grand Avenue Court public right-of-way to incorporate it into the University of Iowa's planned redevelopment of the area. Russett noted this is a proposed vacation that was submitted by the University of Iowa, she began the staff report showing a map of the location of the proposed right-of-way vacation. She also showed a zoning map noting that all of the land surrounding the proposed area to be vacated is owned by the University and is all zoned P-2. Russett stated for evaluating vacations there are several criteria staff look at. The first is related to the impact on pedestrian and vehicular access and circulation. She stated there are no Planning and Zoning Commission March 1, 2023 Page 2 of 10 sidewalks on the Grand Avenue Court right-of-way which makes it undesirable for walking. The southern portion of the right-of-way was already vacated in 2002 and does not open to regular traffic but does provide access to the University vehicles and emergency services. The area that the University is requesting to be vacated does provide only access for some of the buildings on Grand Avenue Court and based on information from the University, all the buildings will be vacant by June 1, and the University does have plans to redevelop the area and those buildings and proposed vacations will be redeveloped. Next staff looks at emergency and utility vehicle access and circulation. Based on conversations with the fire department, they would like an access easement to ensure adequate fire and emergency protection prior to vacation and easement would be released upon approval by the City's Fire Department. Russett noted there are also some utilities in the right-of-way. Next criteria is related to the impact on access of adjacent private properties. As mentioned there are no private properties to be impacted by the proposed vacation area, it's all owned by the University. The next criteria is related to the desirability of the right-of-way for access or circulation needs. Grand Avenue Court provides very limited connectivity for the rest of the street network and as previously mentioned a portion of it is already vacated so staff determined that there's no need to maintain the right-of-way for access and circulation. In terms of utilities and other easements or restrictions on the properties, staff did reach out to private utility companies, and based on contact with them and also information from the University of Iowa, Lumen, MidAmerican and Medicom have existing utilities and there's also a City water line located within the right-of-way. Russett stated the water line has to be abandoned subject to approval by the City Engineer or an easement must be established prior to the vacation that right-of-way. The private utility lines must also either be relocated or removed or an easement established. The last criteria is any other relevant factors pertaining to that specific requested vacation, which staff did not find any. Staff recommends approval of VAC23-0001, a vacation of the northern one-third of Grand Avenue Court subject to an access easement for fire and emergency protection, private utility easements, City water line easement as described in this report and in forms approved by the City Attorney's Office. In terms of next steps, upon recommendation by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. A public hearing would be set on potentially March 21. Hensch opened the public hearing. David Kieft (University of Iowa Business Manager and Director of the University Real Estate and Planning Development). He reiterated that the southern portion of this property was already vacated over 20 years ago and when they were looking at the redevelopment of the area they couldn't find any records of why half the street was vacated and the other half wasn't at that time. Planning and Zoning Commission March 1, 2023 Page 3 of 10 Kieft stated this is part of an overall master plan for the hospital. As many may be aware the hospital is going to be constructing a new bed tower in the next couple of years and there's several enabling projects to make way for that including a new academic building which will be in constructed in this general area. This new building will house the UI's top-rated Department of Communication Sciences and Disorders, top rated physical therapy program in the Carver College of Medicine, and the most popular undergraduate major program in Health and Human Physiology. That 60,000 square foot building will be erected starting this summer. Kieft also noted the homes on both sides of the street have not been used as residential property in decades, they're university offices and well past their useful life, and there's no historical significance to them. He did acknowledge the utilities that are located there and the City's Engineering and Public Works staff are part of the project planning team and they are working through relocating all the utilities and creating easements, MidAmerican will be removing the poles that goes through there and there won't be a need for services anymore as the only services provided by any of the utilities was for those homes but there's no pass through utilities that connect any part of town to another part. Hensch asked if Grand Avenue Court has been open for general traffic for decades. Kieft confirmed that it hasn't and it's more of an alley and very narrow for most cars. It's technically two ways but two cars really can't pass each other with going up on some of the grass. Kieft noted if this vacation is approved, the homes will be removed completely but the several large oak trees that are to the east will all be preserved. Hensch closed the public hearing. Padron moved to approve approval of VAC23-0001, a vacation of the northern one-third of Grand Avenue Court subject to an access easement for fire and emergency protection, private utility easements, City water line easement as described in this report and in forms approved by the City Attorney's Office. Craig seconded the motion. A vote was taken and the motion carried 6-0. CASE NO. REZ23-0002: Location: East of Mormon Trek Blvd along Grace Drive An application for a rezoning of approximately 13 acres of land from Commercial Office (CO- 1) zone to Intensive Commercial (CI-1) zone. Walsh started by showing an aerial of the property, he stated the only existing development was PIP Printing, the Edward Jones building as well as existing dealerships across Mormon Trek. Looking at the zoning map, to the west and to the south is primarily CI-1 zoning and to the north is neighborhood public zone which is occupied by the airport and unincorporated Iowa City. Walsh next showed images of the property. Regarding background of the property, in 2005 the subject property was platted for four commercial lots and an outlot, in 2006 PIP Printing received a special exception for printing purposes. In 2007 the subject property was re-platted to include four more lots where the outlot Prepared by:Anne Russett,Senior Planner,410 E.Washington Street, Iowa City, IA 52240;(VAC23-0001) Ordinance No. Ordinance vacating approximately 5,129 square feet of the Grand Avenue Court public right-of-way and authorizing conveyance to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa. (VAC23-00001) Whereas, the applicant, the University of Iowa, has requested that the City vacate and convey to them approximately 5,129 square feet of the Grand Avenue Court public right-of-way; and Whereas, this portion of right-of-way contains private utilities and public water lines and provides access to the existing structures for fire and emergency services; and Whereas, at its meeting on March 1, 2023, the Planning and Zoning Commission recommended approval of the vacation subject to an access easement for fire and emergency protection, private utility easements, and City water line easement in forms approved by the City Attorney's Office; and Whereas, Staff has determined that this portion of right-of-way provides limited connectivity to the larger street network and recommends approval of the vacation and conveyance subject to the necessary easements for utilities and emergency services; and Whereas, at its March 21, 2023, City Council adopted a resolution declaring its intent to consider the conveyance of this right-of-way to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa, authorizing publication of public notice of the proposed conveyance and setting a date and time for public hearing on this matter; and Whereas, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest subject to the recommended easements in forms approved by the City Attorney's Office. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Vacation. The City of Iowa City hereby vacates that portion of public right-of-way described as follows: All of Grand Avenue Court in Grand Avenue Court Addition to Iowa City, Johnson County, Iowa (Final Plat recorded in Plat Book 3, Page 101 at the Johnson County Recorder's Office) lying north of Melrose Avenue and south of Grand Avenue except that part previously conveyed in the Quit Claim Deed recorded in Book 3652, Page 362. Said right-of-way contains 5,129 s/f more or less. Section II. Conveyance. The Mayor and City Clerk are authorized, upon approval of the City Attorney, to execute all documents necessary to convey any interest in the above-described Ordinance No. Page 2 property to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa via quit claim deed, subject to easements for utility, fire and public safety protection, in forms approved by the City Attorney, without compensation. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Section III. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section IV. 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 V. 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: Approved by: ATTEST: City Clerk City Attorn 's ffice (Sara Hektoen —03/29/2023) Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted and upon roll call there were: Ayes: Nays: Absent Abstain Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration: 04/04/2023 Vote for passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Second Consideration: Vote for passage Date published