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HomeMy WebLinkAbout1997-01-14 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p,m, on the 14th day of January, 1997, in the Civic Center Council Chambers, 410 E, Washington Street, Iowa City, Iowa; at which hearing the Council will consider the f~llowing: . "~An ordinance amending the Zoning Chapter by changing the use regulations on a 40.7 acre parcel located on the north side of Rohret Road, east of Highway 218, from RS-5, Low Density Single-Family Residential, to OSA-8, Sensitive Areas Overlay/Medium Density Single-Family Residential. 2. An ordinance amending Title 14, Chapter 6, entitled "Zoning," by changing the regula- tions pertaining to child care facilities. Copies of the proposed ordinances are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin~1-14.nph Prepared by: Scott G. Kugler, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 62240; (319) 356-5243 ORDINANCENO. ORDINANCE AMENDING THE ZONING CHAP- TER BY CONDITIONALLY CHANGING THE USE REGULATIONS OF APPROXIMATELY 40.7 ACRES LOCATED ON THE NORTH SIDE OF ROHRET ROAD, EAST OF HIGHWAY 218 FROM RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, TO OSA-8, SENSITIVE AREAS OVERLAY/MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL. WHEREAS, Owners, Joan E. Cole, John D. and Doris Meade, Nellie Cole, Frederick and Katherine Kasper, Wanda M. Drake, Keith and Barbara Pirkl, and Donald and Patricia Pirkl, are legal title holders, and Applicant, Walden Wood II Associates, is contract purchaser of property located on the north side of Rohret Road, east of Highway 21 8, legally described below; and WHEREAS, the Applicant and Owners have requested that the City fezone approximately 40.7 acres located on the north side of Rohret Road, east of Highway 218, from RS-5, Low Density Single-Family Residential, to OSA-8, Sensitive Areas Overlay/Medium Density Single-Family Residential; and WHEREAS, the property contains a woodland in combination with a stream corridor, as defined by the City's Sensitive Areas Ordinance, necessitating a Sensitive Areas Overlay rezoning and submittal of a Sensitive Areas Development Plan; and WHEREAS, the proposed rezoning will allow the development of up to 249 dwelling units on the parcel, incorporating a mix of housing types, while avoiding development on environmentally sensitive areas existing on the property; and WHEREAS, the Applicant filed with the City a Preliminary Plat and Sensitive Areas Development Plan (Hereinafter "Plan") in association with its rezoning request, revised and submitted to the City on December 18, 1 996; and WHEREAS, said Plan is represented by the Applicant and Owners as being representative Ordinance No. Page 2 of their intentions with respect to development of the property, and shall serve as a basis upon which to review final development plans, final plats, grading plans, construction drawings, legal papers, and any other plans or legal documents required by the City regarding the development of the property; and WHEREAS, said Plan does not contain a detailed development plan for Lot 53, for which a future rezoning application and development plan will be reviewed for approval prior to development; and WHEREAS, the Applicant and Owners acknowledge that certain conditions and restrictions are reasonable to ensure the development of an adequate and controlled traffic circulation system for this development and this area of the City, and to ensure appropriate use of Lot 53 in relation to surrounding properties; and WHEREAS, The Applicant and Owners have agreed to develop the property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure appropriate development of this property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by reference herein, the property described below is hereby reclassified from its present classification of RS-5, Low Density Single- Family Residential, to OSA-8, Sensitive Areas Overlay/Medium Density Single-Family Residential: The East 55 Acres of the North Half of the Southeast Quarter, all in Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa, Excepting Therefrom, that portion lying South and West of Interstate No. 380, land taken by the State of Iowa as shown on the instrument recorded in Book 658, Page 314, land taken by the City of Iowa City as shown on the instrument recorded in Book 2059, at Page 97, all of the Records of the Johnson County Recorder's Office. Said Resultant tract contains 40.7 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. Upon final pas- Ordinance No. Page 3 sage, approval and publication of this Ordi- nance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION III. CONDITIONAL ZONING AGREE- MENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the Conditional Zoning Agreement between the property owners, applicant and the City. SECTION IV. CERTIFICATION AND RECORD- ING. Upon passage and approval of this Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement for recordation in the Office of the Recorder, Johnson County, Iowa, at the Applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK ppdadmin\waldord,ord Prepared by: Scott Kugler, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5243 CONDITIONAL ZONING AGREEMENT This agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City"), and Walden Wood II Associates (hereinafter "Applicant") and Joan E. Cole, John D. and Doris Meade, Nellie Cole, Frederick and Katherine Kasper, Wanda M. Drake, Keith and Barbara Pirkl, and Donald and Patricia Pirkl (hereinafter collectively referred to as "Owners"). WHEREAS, Owners are legal title holders and Applicant is contract purchaser of property located on the north side of Rohret Road, east of Highway 21 8, legally described below; and WHEREAS, the Applicant and Owners have requested that the City rezone approximately 40.7 acres located on the north side of Rohret Road, east of Highway 21 8, from RS-5, Low Density Single-Family Residential, to OSA-8, Sensitive Areas Overlay/Medium Density Single-Family Residential; and WHEREAS, the property contains a woodland in combination with a stream corridor, as defined by the City's Sensitive Areas Ordinance, necessitating a Sensitive Areas Overlay rezoning and submittal of a Sensitive Areas Development Plan; and WHEREAS, the proposed rezoning will allow the development of up to 249 dwelling units on the parcel, incorporating a mix of housing types, while avoiding development on environmentally sensitive areas existing on the property; and WHEREAS, the Applicant filed with the City a Preliminary Plat and Sensitive Areas Development Plan (Hereinafter "Plan") in association with its rezoning request, revised and submitted to the City on December 18, 1996, a copy of which has been attached to this agreement as "Exhibit A" and incorporated herein by this reference; and WHEREAS, said Plan is represented by the Applicant as being representative of Applicant's intentions with respect to development of the property, and shall serve as a basis upon which to review final development plans, final plats, grading plans, construction drawings, legal papers, and any other plans or legal documents required by the City regarding the development of the property; and WHEREAS, said Plan does not contain a detailed development plan for Lot 53, for which a future rezoning application and development plan will be reviewed for approval prior to development; and WHEREAS, the Applicant and Owners acknowledge that certain conditions and restrictions are reasonable to ensure the development of an adequate and controlled traffic circulation system for this development and this area of the City, and to ensure appropriate use of Lot 53 in relation to surrounding properties; and WHEREAS, The Applicant and Owners have agreed to develop the property in accordance with the terms and conditions of this Conditional Zoning Agreement to ensure appropriate development of this property. NOW, THEREFORE, in consideration of mutual promises made herein, the Parties agree as follows: The Owners are the owner and legal title holders of property located on the north side of Rohret Road, east of Highway 218, which property is more particularly described as follows: The East 55 Acres of the North Half of the Southeast Quarter, all in Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa, Excepting Therefrom, that portion lying South and West of Interstate No. 380, land taken by the State of Iowa as shown on the instrument recorded in Book 658, Page 314, land taken by the City of Iowa City as shown on the instrument recorded in Book 2059, at Page 97, all of the Records of the Johnson County Recorder's Office. Said Resultant tract contains 40.7 acres, more or less, and is subject to easements and restrictions of record. Owner and applicant acknowledge that the City wishes to ensure the development of an adequate and controlled traffic circulation system for this development and this area of the City, and to ensure appropriate development of Lot 53 in relation to surrounding properties. Therefore, Owner and Applicant agree to certain conditions over and above City regulations in order to achieve an integrated street system within the neighborhood, to help control speed on proposed Shannon Drive through its design, and to ensure adequate public review of future development on Lot 53. o In consideration of the City's rezoning the subject property from RS-5 to OSA-8, Owner and Applicant agree that development of the subject property will conform to all of the requirements of the Sensitive Areas Ordinance and the RS-8 zone, unless superseded by provisions of the Sensitive Areas Ordinance or specifically modified as a result of approval of the Plan, as well as the following conditions: The Plan shall serve as a basis upon which final development plans will be prepared and reviewed. Any major deviation in the layout of the circulation system, lot configuration, building location and configuration, or other feature of the Plan will require a new rezoning application and approval of a new Sensitive Areas Development Plan. No development shall occur on Lot 52 until the full length of Shannon Drive and its associated improvements are constructed between Rohret Road and the north line of the subject property, as shown on the Plan. Traffic calming techniques, similar to that shown on the Plan, shall be incorporated into the design of Shannon Drive, subject to final design approval by City staff. No development shall occur on Lot 53 without approval of a separate rezoning and development plan for the lot. Development on Lot 53 shall not exceed 120 units. Owners and Applicant agree that the City is not in any way obligated to approve a specific number of dwelling units for this lot. City review of proposed development on this lot will be based on the merits of the development plan submitted in association with the future rezoning request. The Parties acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1995) and are appropriate conditions required to protect the public safety of both the residents in the area and the community. Owners and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped or subdivided, all redevelopment will conform with the terms of this Agreement. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall remain in full force and effect as a covenant running with the title to the land, unless or until released of record by the City. The parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. Nothing in this Agreement shall be construed to relieve the Owners or Applicant from complying with all applicable, local, state and federal regulations. The Parties agree that the Iowa City City Clerk shall record this Conditional Zoning Agreement in the Johnson County Recorder's Office at Owners' expense. Dated this day of , 1997. APPLICANT WALDEN WOOD II ASSOCIATES CITY OF IOWA CITY, IOWA By: Myles Braverman By: Naomi J. Novick, Mayor OWNERS By: By: Joan E. Cole John D. Meade ATTEST: Marian K. Karr, City Clerk 4 By: Doris Meade By: Nellie Cole By: Frederick Kasper By: Katherine Kasper By: Wanda M. Drake By: Keith Pirkl By: Barbara Pirkl By: Donald Pirkl By: Patricia Pirkl ~ Attorne~fice ?- ~ 5 ACKNOWLEDGMENT OF WALDEN WOOD II ASSOCIATES STATE OF~ ) ) ss: COUNTY ) On this day of ,A.D. 19 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Joan E. Cole to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John D. Meade to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa 6 ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Doris Meade to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of towa ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Nellie Cole, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Frederick Kasper to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19__, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Katherine Kasper to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Wanda M. Drake to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Keith Pirkl to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa 8 ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Barbara Pirkl to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Donald Pirkl to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa ACKNOWLEDGMENT OF OWNER STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Patricia Pirkl to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Public in and for the State of Iowa 9 ACKNOWLEDGMENT OF CITY OF IOWA CITY, IOWA STATE OF IOWA ) ) Ss: JOHNSON COUNTY ) On this day of ,19 , before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of.its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 19 , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa ppdadmin\waldcza,agm STAFF REPORT To: Planning and Zoning Commission Item: REZ96-0020. Walden Hills Sensitive Areas Rezoning & Development Plan GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Prepared by: Scott Kugler Date: November 21, 1996 Walden Wood II Associates 325 E. Washington St. Iowa City, IA 52240 Phone: 338-4195 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Rezoning from RS-5, Low Density Single-Family Residential, to OSA-8, Sensitive Areas Overlay/Medium Density Single-Family Residential, and approval of a preliminary Sensitive Areas Development Plan To allow a potential 250 unit residential development North side of Rohret Road, immediately east of Highway 218 40.7 acres Undeveloped; R-5, Low Single-Family Residential Density North: East: South: West: West High School and unde- veloped portions of Galway Hills, RS-5; Residential, RS-8; Highway 218 and a farmstead, RS-5; Highway 218. Residential, 2-8 dwelling units per acre Applicable Code requirements: File date: 45-day limitation period: SPECIAL INFORMATION:' Public Services: Public Services: Transportation: Physical Characteristics: Sensitive Areas Ordinance: 2 14-6J-2, Planned Development Housing Overlay; 14-6K-1, Sensitive Areas Ordinance October 17, 1996 December 2, 1996 City water and sewer are available to the site. Police and fire protection will be provided by the City. Refuse collection for the single-family areas will be provided by the City, and through a private hauler for the multi- family areas. The nearest bus route is the Plaen View route, which passes through the intersection of Mormon Trek Boulevard and Rohret Road. The property contains a series of slopes and is bounded by Highway 218 on the west and Willow Creek and proposed areas of open space on the north. Some wooded areas on the site would be displaced by proposed ponds. The property contains a stream corridor, wooded areas, and areas of steep slopes. A Sensitive Areas Overlay Rezoning and Sensitive Areas Development Plan will need to be submitted due to the presence of woodlands in combination with a stream corridor. Potential wetlands on the property have been investigated and a determination that no wetlands actually exist on the site has been made by a wetland specialist. 3 BACKGROUND INFORMATION: The applicant, Walden Wood II Associates, is requesting a rezoning from RS-5, Low Density Single-Family Residential, to OSA-8, Sensitive Areas Overlay/Medium Density Single Family Residential, and preliminary Sensitive Areas Development Plan approval to allow a 40.7 acre residential development of up to 250 units. The plan submitted with the application contains a detailed development plan for approximately 32 acres, and an 8.7 acre tract labelled "future OPDH-8 development, 120 dwelling units or less subject to subsequent OPDH approval." A detailed plan for the development of the 8.7 acre tract would be submitted at a later date. The plan indicates that a mix of housing types are being proposed, ranging from single-family homes to three, four, and in one instance, an eight unit building. Access to the proposed development would come from Rohret Road and two existing stub streets from Walden Wood to the east. In addition, a connection to the Galway Hills subdivision to the northwest of this site is being shown on the plan. Although originally submitted as a preliminary OPDH (Planned Development Housing Overlay) plan, the property contains approximately 4.66 acres of woodlands in combintion with a stream corridor, requiring a Sensitive Areas Overlay rezoning and Sensitive Areas Development Plan. The plan indicates that development will generally be located outside of these sensitive features, with the exception of a wooded area that will be destroyed due to the construction of the ponds and the extension of a street. The Sensitive Areas Inventory Map indicates that areas of potential wetlands exist along Willow Creek, but upon investigation no wetlands were found to exist. The site also contains steep slopes (18-24%), most of which will be graded for development. The Sensitive Areas Ordinance does not prohibit development activities in areas of steep slopes. ANALYSIS: The proposed Sensitive Areas Development Plan and rezoning will be evaluated in terms of its consistency with the policies contained in the Comprehensive Plan and the Iowa City Beyond 2000 Vision Statements, its relation to the surrounding area in terms of density and design, the adequacy of infrastructure to support the development, and its consistency with the requirements of City Code, including the Planned Development Housing Overlay Zone Regulations and the Sensitive Areas Ordinance. Deficiencies and Discrepancies/Areas of Disagreement: The proposed Sensitive Areas Development Plan contains a number of deficiencies and discrepancies as listed at the end of this report. Until these items are addressed, staff recommends deferral of this item. The 45-day limitation period on this item expires on December 2, 1996, but the Commission generally holds two public meetings before voting on a rezoning item. A waiver of this limitation period is needed if this item is to be deferred to the December 5 meeting. Overview of Development Plan: Lot configuration/housing types: The proposed Sensitive Areas Development Plan indicates that up to 250 dwelling units may be developed on the site. The plan states that 238 units are proposed, however this figure does not take into account 12 units located on Lot 51. The plan includes areas for single-family homes, zero lot line dwellings, townhouse type units and, potentially, apartment buildings. The eastern portion of the property is to contain lots for single-family homes, including 13 single unit buildings located on Lot 7 that are to be sold as condominiums. On Lot 51 there are a number of multi-unit buildings being proposed, ranging in size from three to eight units each. On Lot 52 the applicant is proposing a series of four-unit townhouse style buildings arrranged around a pedestrian courtyard. A 22 foot wide private drive (Andrea Court) is proposed to provide vehicular access to these buildings from the rear. Lot 53 is an 8.7 acre parcel that is to contain 120 dwelling units or less, but no detailed plan is provided for this area. The applicant is working with another developer to provide elderly housing on this lot, and detailed plans of this area have not yet been completed. An OPDH plan would be needed in the future for this parcel before it could be developed. It is included with this application because density from the single family portions of the proposed development plan would be transferred to the higher density areas on the property. The approval of this plan should make clear that no set number of dwelling units is being approved for the 8.7 acre Lot §3, and that development plans for this lot will be subject to rezoning approval through the OPDH process prior to development of the lot. Streets: The plan includes three new city streets (Shannon Drive, Jacque Street, and Emily Court), and the extension of two streets from Walden Wood (Irving Drive and Coil Drive). Coil Drive was originally intended to be a collector street to handle traffic entering and exiting this property. However, it is only being extended into this property the depth of one lot, where it terminates into Emily Court. The 66 foot wide right of way and 31 foot wide street width platted for Coll Drive when Walden Wood was approved are proposed to be continued into this development. Coil Drive will likely still serve as a minor collector for some properties along the east end of the proposed development, but under the proposed design will not serve as the collector street that was originally envisioned. It appears that Shannon Drive will handle most traffic to and from the development. Shannon Drive is proposed to extend from Rohret Road north into the Galway Hills subdivision. It is being proposed as a 31 foot wide collector street in a 66 foot wide right of way. All other proposed public streets are to be 28 feet wide within 50 foot wide rights of way. The configuration of Shannon Drive raises similar concerns within this development that were raised for the north end of the street within Galway Hills. Staff is concerned that if the street system is designed to make it too easy to get from Rohret Road to Melrose Avenue, it will begin functioning as an arterial street for cut-through traffic rather than a collector street to serve the two subdivisions. Therefore, staff recommends that traffic calming techniques such as neckdowns or chicanes be incorporated into the design of Shannon Drive to help reduce the speed of traffic and make travel through the development more difficult for cut-through traffic. An article on incorporating traffic calming techniques into new residential developments is attached to this report for your review. As an alternative, Shannon Drive could be designed so that it does not intersect directly with Rohret Road, but rather that it "T" into Irving Avenue, which would extend south to Rohret Road. Irving Avenue would be constructed as a collector street from Rohret Road to Shannon, at which point Shannon would become the collector. The applicant has yet to incorporate either of these techniques into the design of the street, but has indicated that traffic calming measures will be investigated. 5 Staff feels that the extension of Shannon Drive north into Galway Hills is very important. If Shannon Drive does not connect with Gallway Hills, there will be two isolated developments and it will be more difficult for local traffic to circulate in the area. The subdivision regulations require connections between adjacent residential neighborhoods, also. However, staff is concerned that there will be no incentive for the applicant to construct the northern portion of this street since no building lots would front on it. Therefore, staff recommends that the construction of Shannon Drive north to the property line be required along with the development of Lot 52. The provision of sidewalks at the time of construction along this portion of the roadway should be included in the legal papers when this area is subdivided. Given that this extension will provide a needed connection between these residential neighborhoods (to some degree a public purpose is being served), staff recommends that the City participate in the cost of construction of the stream crossing along Shannon Drive. The applicant has been asked to provide an estimate of the cost of a box culvert in this location so that details of the cost sharing can be worked out. Storm water management: The plan contains two proposed ponds, one of which is located within a proposed storm water detension easement. Staff assumes that both ponds are intended to be storm water management failities, although this is not clear on the plan. Open Space/Trail: The plan indicates two areas totalling 8.6 acres will be dedicated to the City as a parkway along the north edge of the property that includes Willow Creek. The Neighborhood Open Space Ordinance would require that only 1.5 acres be dedicated. Additional analysis would be required to determine how much of the 8.6 acres being offered is suitable for acceptance as open space under the ordinance, but it appears that much of the property is located above the high water mark and outside of the proposed pond. Given the fact that a portion of the Willow Creek Trail is to be located in this area, staff recommends that area be accepted as proposed. The Parks and Recreation Commission will be consulted and their recommendation should be available prior to Council consideration of the plan. The proposed Willow Creek Trail alignment is shown on the plan, corresponding with the proposed trail design being developed by the City. Staff encourages as many connections to the Willow Creek Trail from this subdivision as possible. The proposed plan indicates that a trail connection will be made between lots 25 and 51 along Irving Avenue. An additional access point would eventually be available along Shannon Drive when it is extended north into Galway Hills. The construction of the trail is scheduled to take place in FY98, hopefully next fall, but it is likely that the roadway will not be constructed for many years. Construction drawings will have to be carefully reviewed to ensure that the trail and roadway designs correspond at the anticipated point of intersection, and that major elevations differences do not exist. Building Elevations: Building elevations have been submitted for most building types being proposed within the development. One area at the northwest corner of the site is proposed for townhouses located around a pedestrian courtyard, with vehicular access from the rear of the buildings via a private drive. Elswhere, it appears that garages will dominate the streetscape as a two stall garage is proposed at the front of most units. Many of the units are designed to help reduce the impact of the garages through the use of overhangs and bringing the front entrances any other building components out to the front building line. Some units, however, contain garages that project out toward the street well in front of the rest of the building. The topography on the property would make the use of alleys for the single family and zero lot line areas difficult. Comprehensive Plan/Vision 2000 Statements: The proposed rezoning is in conformance with the Comprehensive Plan Land Use Map in terms of use and density. The Map indicates that this area is to be developed for residential uses at densities ranging from two to eight dwelling units per acre. The proposed OSA-8 zoning would be in conformance with this policy. The 250 potential dwelling units listed on the plan would result in a gross density of approximately 6.28 units per acre, and a net density of 7.26 units per acre; both within the density range of the Comprehensive Plan. This density is also less than what was approved for Mormon Trek Village (8 units per acre), located on property to the southwest at the corner of Mormon Trek Boulevard and Rohret Road. A number of the policies contained in the Vision 2000 document, which has been adopted by Council and will be the basis for the City's new Comprehensive Plan, apply to the proposed development. The policies include suggestions for neighborhoods containing a mix of housing types to serve a broader range of city residents, compact urban development rather than low density urban sprawl, and the preservation of environmentally sensitive areas. In general, the proposed development appears to conform to the policies outlined in the Beyond 2000 document. Compatibility with Surrounding Properties: The proposed configuration and scale of housing types generally seems to relate well to existing and proposed development on surrounding propeties. The applicant obviously tool( the existing development to the east under consideration, as the eastern 400 + feet of the subject property is planned to be developed mainly for single-family or zero lot line homes on lots similar in size to those contained in Walden Wood. To the north of this property is West High School and Galway Hills, zoned RS-5. The above mentioned outlots to be dedicated to the City as a parkway, combined with additional open space that is to be dedicated along the south end of the Galway Hills development, will provide an extensive buffer between the two properties. Highway 218 provides an adequate separation between the higher density ares on this property and the single family development to the west. A landscaped buffer is being proposed along the south line of Lot 7 as requested by staff, and continued onto a portion of Lot 1. Lot 7 is a double frontage lot, which is permitted by the subdivision ordinance only "when good platting indicates their use." Double frontage lots have been approved along arterial streets in the past to avoid excessive numbers of access points to the arterial. However, staff is becoming increasingly aware of the need for careful planning and design of residential developments adjacent to thoroughfares and arterial streets, especially when double frontage lots are utilized. Without a landscaped buffer, the proposed design in this area would result in a situation similar to that which has caused some problems along other arterial streets. In many instances where double-frontage lots have been approved which back up to arterial streets, property owners have constructed privacy fences along the arterial to help buffer the noise and appearance of the street behind their homes. In fact, the property immediately east of the subject property has recently become the site of fences along Rohret Road. This results in a less than desirable appearance along the arterial street. Although in this situation there are not individual lots backing up to Rohret Road, the situation is essentially the same, and the results could likely be the same. Staff feels that the landscaped buffer would give the residents of Lot 7 some privacy and relief from the arterial street while still maintaining an attractive arterial street. However, it is recommended that the landscaping be moved farther south within the right of way to provide a little more open space for the dwelling units than is being shown. Excess right of way was acquired by the City in this area when Rohret Road improvements were being planned. The townhouses located on Andrea Court are arranged around a pedestrian court yard. Access to these units will be via a private drive to the rear. This will result in an attractive residential setting, however the rear of these units will be highly visible from Shannon Drive and Highway 218. To shield these units and improve the appearance of this portion of the plan, staff recommends that the landscape plan include clusters of evergreen trees around Andrea Court. All lots containing multi-family dwelling units will be required to meet the tree requirements of city code, requiring one tree per 550 square feet of building coverage, as well as street trees. Infrastructure Issues: Water main tap-on fees of t~354/acre, and sanitary sewer extension fees of 8750/acre will be required for this development. Both sewer and water service are available to the property without capacity problems. Rohret Road, the prime means of access to the development, has recently been improved to accomodate existing and future growth in this area. These improvements included the signalization of the Rohret Road/Mormon Trek Boulevard intersection. The planned construction of the Willow Creek trail to serve this area has been previously discussed. The infrastructure in the area appears to be adequate to accomodate the proposed development. Sensitive Areas Ordinance: The Sensitive Areas Inventory indicates that this property contains potential wetlands, a stream corridor, and wooded areas. The information contained on the plan also indicates that the property contains steep slopes (18 to 24 percent). The applicant has received confirmation that no wetlands exist on the site, and a letter has been submitted to this effect. However, the wooded area on the site is approximately 4.66 acres, meaning it is a woodland as defined in .the Sensitive Areas Ordinance. Because the woodland exists on the site in combination with a stream corridor (Willow Creek), a Sensitive Areas Development Plan and overlay rezoning is required. The ordinance would allow up to 50% of the woodland to be removed in the RS-8 zone, the underlying zone, as long as a 50 foot undisturbed buffer is maintained around the area to be retained. The woodland area being removed by the proposed pond and the extension of Shannon Drive appears to fall well short of the allowable 50% limit. 8 Because one portion of Willow Creek on this property contains a delineated floodway and another portion does not, the stream corridor on this property is unique in the way it is defined by the Sensitive Areas Ordinance. The ordinance defines the limits of the stream corridor as the floodway unless no floodway is delineated, in which case the floodway is a 30 foot wide corridor centered on the stream. The buffer requirements also differ for the two segments of the stream corridor. The stream corridor is shown correctly for the area west of Shannon Drive, but not for the area that contains a delineated floodway east of Shannon Drive. The flood plain was used to illustrate the stream corridor in this area rather than the floodway, resulting in a much larger stream corridor than is actually required. The stream corridor should be shown properly on the plan. Other than the extension of Shannon Drive and the Willow Creek Trail, no development activies are proposed within the stream corridor. Areas of steep slopes are shown on the plan on Lot 52 and 53, and near the intersection of Emily Court and Jacque Street. These areas are planned to be graded to accommodate housing units and street construction. The Sensitive Areas Ordinance encourages development that minimizes the grading of areas containing steep slopes, but does not prohibit grading in these areas. It appears that avoiding the steep slopes in these areas would result in a significant reduction in the number of units that could be developed. Provided adequate erosion control measures are installed to protect the other sensitive features that will be preserved on the site, staff feels that allowing the development as proposed on Lot 52 is reasonable. STAFF RECOMMENDATION: Staff recommends that REZ96-0020, a request for preliminary Sensitive Areas Development Plan approval and rezoning from RS-5 to OSA-8 for property located on the north side of Rohret Road east of Highway 218, be deferred pending the resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that this application be approved, subject to a conditional zoning agreement requiring that the extension of Shannon Drive north to the property line be installed coincident with the development of Lot 52, the incorporation of traffic calming techniques into the design of Shannon Drive or a redesign of the street system to discourage cut- through traffic, and noting that no specified number of dwelling units is being approved for Lot 53, which will be the subject of a future OPDH rezoning prior to development. DEFICIENCIES AND DISCREPANCIES: The total number of dwelling units being proposed is incorrect. 12 units on Lot 51 have not been accounted for. Both the gross and net density should be corrected on the plan. Also, units is misspelled as "inits" within this note. Lots 51 and 52 are mislabeled as 49 and 50 within the note about the parking calculations. The plan should be labeled as a Sensitive Areas Development Plan rather than an OPDH plan. Erosion control measures are not shown on the plan, a grading plan showing these measures submitted. A grading plan is required. The landscaping at the rear of Lot 7 should be shifted south and located within the right of way, which is larger than needed in this location. This will provide the buffer desired and leave room for some open space around the dwellings. The stream corridor is shown incorrectly on the plan. It is based on the floodway not the flood plain. Comments from Public Works have not yet been incorporated into this report. If additional deficiencies are identified they should be corrected prior to the Commission's recommendation. ATTACHMENTS: 1. Location Map. 2. Preliminary Sensitive Areas Development Plan. 3. Letter from Walden Hills Associates regarding rezoning request. 4. "Traffic Calming for New Residential Streets Enhances Housing Value," Land Development, Fall 1996. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development L©~T~ON h~? RI~Z~00~O WALDI~N N~LLS MELROSE AVE WEST -- _ ........ ';,.:'~ ............~..,, ......... ABBEY - oriY OF I CI"I'Y P I I SqqIH %, Walden Hills Associates P.O. Box 1907 Iowa City, IA 52244-1907 (319) 337-4195 To: Iowa City Planning and Zoning Subject: OPDH8 Rezoning-Walden Hills From: Walden Hills Associates Date: October 30,1996 We believe that this property has some rather unique features that dictates our request for rezoning it to OPDH8. By arranging various types of housing units as shown on our preliminary plat, we can more effectively buffer housing units from Highway 218 and Rohret Road; preserve the Willow Creek drainage area for green space, public trails and recreation; and protect the integrity of the existing small lot detached single family housing development to the east, by the gradual introduction of clustered type housing units further west as this development is completed. Walden Hills Associates The following materials i regard ng this item were submitted by neighboring property owners or other interested persons, Planning and Zoning Commission, Iowa city Iowa ,As the neighborhood representative of Ov, lway Hills, I would like to voice some of our concerns regarding the development of roads South of us. After reading the entire Staff Report on rezoning for Walden 1I, we all signed the attached petition because of the desire by staff to connect the two subdi~,isions, Galway and Walden, by doing that the density of Walden has a direct effect on Galway Drive. We have a proposed second exit now between our entrance and West Highs entrance. We question why the ~vo subdMsions have to be connected by a collector street. We will be connected by a wal.king and biking trail. If. in some future evolvement of this situation, an e.,dt ti'om West High to the South should be desirable. we t~el it should be just that. to the South. West High already has a North entrance and ~vo North exits on Meh'ose. We request that you careful' consider our concerns about the afl:~ct future road development will have f~r our neighborhood. Mau Reiman Neighborhood Representative. Galway [tills Petition We the undersigned protest the rezoning of We property designated Walden Hills from RS-5 to OPDH-8. (map attached) Name Address 5 ~-~ l~ ~: '~ ' ~ ,. ,I .i (only I name per household, then return to Nancy Perkins, 29 Acorn Ct., by Dec. 1) Petition We the undersigned protest the rezoning of the property designated Walden Hills from RS-5 to OPDH-8. (map attached) Name Address Zz29 (only I ______._~ousehold,._tben return to Judy Pfohl, 2229 Abbey Ln, by Dec. 1) name per · e...~Se C. ow.,.e.. b~c,5 [ HILLS Additional copies of this petition containing a total of /~ signatures were also submitted. ppdsdmln~petlllon.box Notarized Petition of individuals within 200 feet of WALDEN HILLS (i.e. Walden Woods Part II) If you OPPOSE the rezoning of WALDEN HILLS land (i.e. Walden Woods Part II) from it's current RS-5 to the proposed high density OSA-8 then sign below. Name Address ~4/¥~' ~ c'~. ~.~.. Address Notary Page~ of Notarized Petition of individuals within 200 feet of /-o ~_avnc, / WALDEN. HILLS (i.e. Walden Woods Part II) If you OPPOSE the rezoning of WALDEN ~.LS land (i.e. Walden Woods Part II) from it's current RS-5 to the proposed high density OSA-8 then sign below. Address Name Address Notary ~ g~, ~ , Name Address Notary Page,~of Notarized Petition of individuals within 200 feet of/~ ~ WALDEN HII.LS (i.e. Walden Woods Part II) If you OPPOSE the rezoning of WALDEN HII.LS land (i.e. Walden Woods Part II) from it's current RS-5 to the proposed high density OSA-8 then sign below. Address/.2 ~ d ~// xT,-. Address Name Address Page of Notarized Petition of individuals within 200 feet of % ~_~c2r~c~ / WALDEN HII.LS (i.e. Walden Woods Part II) If you OPPOSE the rezoning of WALDEN HILLS land (i.e. Walden Woods Part II) from it's current RS-5 to the proposed high density OSA-8 then sign below. Name Notary Name Address Notary Name Address Notary Page of Notarized Petition of individuals within 200 feet of WALDEN HII,LS (i.e. Walden Woods Part II) /t/oP d, 5 /w, b a /ed If you OPPOSE the rezoning of WALDEN H1LLS land (i.e. Walden Woods Part II) from it's current RS-5 to the proposed high density OSA-8 then sign below. Address Notary Address Notary rUIN Address ~6 t-t 0 Notary .'~~% (El ~, Page of Notarized Petition of individuals within 200 feet of WALDEN HILLS (i.e. Walden Woods Part II) If you OPPOSE the rezoning of WALDEN HILLS land (i.e. Walden Woods Part 1I) from it's current RS-5 to the proposed high density OSA-8 then sign below. Address Name Address Notary Name Address Notary Page of Additional copies of this petition containing a total of /~ signatures were also submitted. ppdadmln',petltlon.box We, the undersigned, protest the rezoning of the property located west of Walden Woods and east of Hwy. 218 (designated as Walden Hills) from RS-5 to a higher density. (We are only allowed to gather one signature per household, please. You must put your address to confirm that you are an Iowa City, not a county, resident.) ADDRESS .... ~ , -' ~ Col/ PLEASE RETURN PETITION TO SHARON McDONALD, 1216 Jensen Street by December 1, 1996. The Planning and Zoning meeting at which this will be discussed is December 5, 1996. Additional copies of this petition containing a total of-: L?__ signatures were also submitted, ppdadmln~petltlon.box ,! DECK HOMES OF WALDEN WOODS 330Et0 33000 03030 FI3000 IIIIIIIIIIIII [J.J_l..I.l,J. t ,LI_U j, .,' I-"1 I---1 I] 1111~111111 .~,J, , = 11111~ 1, :ELTEEO :UJ,_JFIFI ~EEOO OEEO0 OOOOO I1~11111III , ~ .j DE]I'] r'l r'"] r r'l r"] r OLDIE F1 E F'~ IF-iIEIE o o ~ 0 0 0 Z 0 m--. 0 0 O Z '7 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 14th day of January, 1997, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider the following: 1. An ordinance amending the Zoning Chapter by changing the use regulations on a 40.7 acre parcel located on the north side of Rohret Road, east of Highway 218, from RS-5, Low Density Single-Family Residential, to OSA-8, Sensitive Areas Overlay/Medium 2./ensity Single-Family Residential. n ordinance amending Title 14, Chapter 6, ',--.---/entitled "Zoning," by changing the regula- tions pertaining to child care facilities. Copies of the proposed ordinances are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadrnin\1-14.nph Prepared by: Melody Rockwell, Planning Dept., 410 E. Washington St., Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING CHAPTER," CHANGING THE WAY CHILD CARE IS REGULATED IN IOWA CITY, IOWA WHEREAS, child care is a service that is increasingly in demand in our community; and WHEREAS, it is deemed that, with appropriate safeguards, child care centers should be allowed to locate in all zones -- residential, commercial, research park and industrial zones -- throughout the community; and WHEREAS, it is in the public interest to remove unnecessary regulatory barriers to the provision of child care. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. City Code Title 14, Chapter 6, entitled "Zoning Chapter," is hereby amended, as follows: Ao Article B, entitled "Zoning Definitions," is hereby amended by repealing the definition "CHILD CARE FACILITY" in its entirety, and incorporating in lieu thereof the following definitions: CHILD CARE CENTER: A non-residential child care facility, which provides less than 24-hour per day care or supervision for twelve or more children, and is licensed by the State. CHILD CARE HOME: A home-based child care facility, which provides less than 24-hour per day care or supervision in a residence for a maximum of eleven children at any one time. B. Article D, entitled "Residential Zones," is hereby amended by: Adding a new subsection 14-6D-1 D2 to allow child care centers in the Rural Residential Zone (RR-1) by special exception, as follows: 2. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6D-2D1 concerning child care facilities, and incorporating in lieu thereof a new subsection 14-6D-2D1 to allow child care centers in the Low Density Single-Family Residential Zone (RS-5) by special exception, as follows: 1. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6D-3D1 concerning child care facilities, and incorporating in lieu thereof a new subsection 14-6D-3D1 to allow child care centers in the Medium Density Single-Family Residential Zone (RS-8) by special exception, as follows: 1. Child care centers, subject to the requirements of Article L of this Chapter. Ordinance No. Page 2 o 10. 11. 12. 13. Repealing in its entirety subsection 14-6D-4D1 concerning child care facilities, and incorporating in lieu thereof a new subsection 14-6D-4D1 to allow child care centers in the High Density Single-Family Residential Zone (RS-12) by special exception, as follows: 1. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6D-5D1 concerning child care facilities, and incorporating in lieu thereof a new subsection 14-6D-5D1 to allow child care centers in the Neighborhood Conservation Residential Zone (RNC-12) by special exception, as follows: 1. Child care centers, subject to the requirements of Article L of this Chapter. Adding a new subsection 14-6D-6C8 to allow child care centers in the Factory-Built Housing Residential Zone (RFBH) as a provisional use, as follows: 8. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6D-6D1 to remove the provision, which allows child care facilities in the Factory-Built Housing Residential Zone (RFBH) by special exception, and renumbering the remaining five subsections in 14-6D-6D as subsections 1 through 5. Adding a new subsection 14-6D-7C10 to allow child care centers in the Low Density Multi-Family Residential Zone (RM-12) as a provisional use, as follows: 10. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6D-7D2 to remove the provision, which allows child care facilities in the Low Density Multi-Family Residential Zone (RM-12) by special exception, and renumbering the subsequent eight subsections in 14-6D-7D as subsections 2 through 9. Adding a new subsection 14-6D-8C17 to allow child care centers in the Medium Density Multi-Family Residential Zone (RM-20) as a provisional use, as follows: 17. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6D-8D2 to remove the provision, which allows child care facilities in the Medium Density Multi-Family Residential Zone (RM-20) by special exception, and renumbering the subsequent five subsection in 14-6D-8D as subsections 2 through 6. Adding a new subsection 14-6D-9C14 to allow child care centers in the Neighborhood Conservation Residential Zone (RNC-20) as a provisional use, as follows: 14. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6D-9D1 to remove the provision, which allows child care facilities in the Neighborhood Conservation Residential Zone (RNC-20) by special exception, and renumbering the remaining three subsections of 14-6D-9D as subsections I through 3. Ordinance No. Page 3 14. 15. 16. 17. 18. 19. Article 1. Adding a new subsection 14-6D-10C11 to allow child care centers in the High Density Multi-Family Residential Zone (RM-44) as a provisional use, as follows; 11. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6D-10D1 to remove the provision, which allows child care facilities in the High Density Multi-Family Residential Zone (RM-44) by special exception, and renumbering the remaining four subsections of 14-6D-1OD as subsections 1 through 4. Adding a new subsection 14-6D-11C11 to allow child care centers in the Planned High Density Multi-Family Residential Zone (PRM) as a provisional use, as follows: 11. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6D-11 D1 to remove the provision, which allows child care facilities in the Planned High Density Multi-Family Residential Zone (PRM) by special exception, and renumbering the remaining two subsections of 14-6D-11D as subsections 1 and 2. Adding a new subsection 14-6D-12C9 to allow child care centers in the Residential/Office Zone (R/O) as a provisional use, as follows: 9. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6D-12D2 to remove the provision, which allows child care facilities in the Residential/Office Zone (R/O) by special exception, and renumbering the subsequent nine subsections of 14-6D-12D as subsections 2 through 10. E, entitled "Commercial and Business Zones," is hereby amended by: Adding a new subsection 14-6E-1C4 to allow child care centers in the Commercial Office Zone (CO-1) as a provisional use, as follows: 4. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6E-1 D2 to remove the provision, which allows child care facilities in the Commercial Office Zone (CO-1) by special exception, and renumbering the subsequent eight subsections of 14-6E-1D as subsections 2 through 9. Repealing in its entirety subsection 14-6E-2C1 concerning child care facilities, and incorporating in lieu thereof a new subsection 14-6E-2Cl to allow child care centers in the Neighborhood Commercial Zone (CN-1) as a provisional use, as follows: 1. Child care centers, subject to the requirements of Article L of this Chapter. Adding a new subsection 14-6E-3C2 to allow child care centers in the Highway Commercial Zone (CH-1) as a provisional use, as follows: 2. Child care centers, subject to the requirements of Article L of this Chapter. Ordinance No. Page 4 10. 11. 12. 13. D. Article 1. E. Article Adding a new subsection 14-6E-4C5 to allow child care centers in the Intensive Commercial Zone (C1-1) as a provisional use, as follows: 5. Child care centers, subject to the requirements of Article L of this Chapter. Adding a new subsection 14-6E-5C3 to allow child care centers in the Community Commercial Zone (CC-2) as a provisional use, as follows: 3. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6E-5D3 to remove the provision, which allows child care facilities in the Community Commercial Zone (CC-2) by special exception, and renumbering the subsequent six subsections in 14-6E-SD as subsections 3 through 8. Adding a new subsection 14-6E-6C4 to allow child care centers in the Central Business Service Zone (CB-2) as a provisional use, as follows: 4. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6E-6D1 to remove the provision, which allows child care facilities in the Central Business Service Zone (CB-2) by special exception, and renumbering the remaining five subsections of 14-6E-6D as subsections 1 through 5. Repealing in its entirety subsection 14-6E-7B2 to remove the provision, which allows child care facilities in the Central Business Support Zone (CB-5) as a permitted use, and renumbering the one subsequent subsection of 14-6E-7B as subsection 2. Adding a new subsection 14-6E-7C4 to allow child care centers in the Central Business Support Zone (CB-5) as a provisional use, as follows: 4. Child care centers, subject to the requirements of Article L of this Chapter. Adding a new subsection 14-6E-8C6 to allow child care centers in the Central Business Zone (CB-10) as a provisional use, as follows: 6. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6E-8D1 to remove the provision, which allows child care facilities in the Central Business Zone (CB-10) by special exception, and renumbering the remaining six subsections of 14-6E-8D as subsections 1 through 6. F, entitled "Research Development Park Zone," is hereby amended by: Adding a new subsection 14-6F-3B to allow child care centers in the Research Development Park Zone (RDP) as a provisional use, as follows: B. Child care centers, subject to the requirements of Article L of this Chapter. Repealing in its entirety subsection 14-6F-4A to remove the provision, which allows child care facilities in the Research Development Park Zone (RDP) by special exception, and relettering the remaining six subsections in 14-6F-4 as subsections A through F. G, entitled "Office and Research Park Zone," is hereby amended by: Ordinance No. Page 5 Fo Article 1. G. Article Adding a new subsection 14-6G-3A to allow child care centers in the Office and Research Park Zone (ORP) as a provisional use, as follows: A. Child care centers, subject to the requirements of Article L of this Chapter. H, entitled "Industrial Zones," is hereby amended by: Adding a new subsection 14-6H-1D7 to allow child care centers in the General Industrial Zone (I-1) by special exception, as follows: 7. Child care centers, subject to the requirements of Article L of this Chapter. Adding a new subsection 14-6H-2D2 to allow child care centers in the Heavy Industrial Zone (I-2) by special exception, as follows: 2. Child care centers, subject to the requirements of Article L of this Chapter. L, entitled "Provisional Uses and Special Exceptions," is hereby amended by: Repealing in its entirety subsection 14-6L-1D concerning child care facilities, and incorporating in lieu thereof a new subsection 14-6L-1D, which sets forth additional regulations for child care centers, as follows: Child Care Centers: The following requirements shall be met by all child care centers, whether established as an accessory use, as a provisional use, or by special exception. (See the table entitled "Child Care Center' Requirements by Zone" at the end of this subsection L.) The center shall provide a fenced outdoor play area of not less than one hundred (100) square feet per child using the area at any given time. 2. No playground equipment shall be permitted in the front and side yards. o Fenced play areas shall be enclosed or protected, well drained, free from hazards, and readily accessible to the center. In commercial and industrial zones, evergreen screening will be provided, in accordance with the screening performance standards set forth in subsection 14- 6S-11, on the perimeter of the fenced play area, unless the City Building Official determines that such screening is not needed to buffer the children from the noise and dust associated with intensive commercial and heavy, industrial activities. The center must contain at least thirty five (35) square feet of accessible, usable interior floor space per child, excluding kitchen, bathrooms and halls. o The dropoff/pickup area for the center shall be designed to allow for sufficient stacking spaces located in proximity to the center's entrance. The separation of pedestrian access and vehicular traffic is encouraged to minimize the extent to which children are required to walk across drives or roads to gain access to the child care center. One-way drives are also encouraged. The center's operation and maintenance shall meet all applicable State requirements. Ordinance No. Page 6 Adding a table entitled "Child Care Center' Requirements by Zone" at the end of subsection 14-6L, as follows: CHILD CARE CENTER* REQUIREMENTS BY ZONE Zone Residential Zones: Rural Residential (RR) No Low Density Single-Family Residential (RS-5) No Medium Density Single-Family Residential (RS-8) No High Density Single-Family Residential (RS-12) No Neighborhood Conservation Residential (RNC-12) No Factory Built Housing Residential (RFBH) No Low Density Multi-Family Residential (RM-12) No Medium Density Multi-Family Residential (RM-20) No Neighborhood Conservation Residential (RNC-20) No High Density Multi-Family Residential (RM-44) No Planned High Density Multi-Family Residential (PRM) No Residential/Office (R/O) No Commercial Zones: Commercial Office (CO-1) No Neighborhood Commercial (CN-1) No Highway Commercial (CH-1) No Intensive Commercial (C1-1) No Community Commercial (CC-2) No Central Business Service (CB-2) No Central Business Support (CB-5) No Central Business District (CB-10) No Research Development Park (RDP) No Office & Research Park (ORP) No Industrial Zones: General Industrial (I-1) No Heavy Industrial (I-2) No * Defined as a facility caring for twelve or more children. + Compliance with design guidelines required. Special Permitted Provisional Exception Use Use Required No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No Yes+ No No Yes+ No Yes+ Note: Child Care Centers are permitted as accessory uses+ in commercial and industrial zones, and in religious institutions, schools of generalized private instruction and neighborhood centers. Ordinance No. Page 7 Article M, entitled "Accessory Uses and Buildings," is hereby amended by: Adding a new subsection 14-6M-1A12 to allow child care homes in the Interim Development Zone (ID) as an accessory use, as follows: 12. Child care homes Adding a new subsection 14-6M-lB15 to allow child care centers in the RR-1, RS-5, RS-8 and RFBH zones as an accessory use when located in a religious institution, school of generalized private instruction or neighborhood center, as follows: 15. Child care centers located in religious institutions, schools of generalized private instruction or neighborhood centers, subject to the requirements of Article L of this Chapter. o Adding a new subsection 14-6M-lB16 to allow child care homes in the Rural Residential Zone (RR-1), the Low Density Single-Family Residential Zone (RS-5), the Medium Density Single-Family Residential Zone (RS-8) and the Factory-Built Housing Residential Zone (RFBH) as an accessory use, as follows: 16. Child care homes Repealing subsection 14-6M-1C in its entirety, and incorporating in lieu thereof a new subsection 14-6M-1 C, as follows: In the RS-12, RNC-12, RM-12, RNC-12, RNC-20, RM-20, RM-44, PRM and R/O Zones: In addition to the accessory uses included in subsection B of this Section, storage buildings and off-street loading shall be permitted. Adding a new subsection 14-6M-1 D3 to allow child care centers in commercial zones as an accessory use, as follows: Child care centers, including centers with less than twelve (12) children, subject to the requirements of Article L of this Chapter. Repealing the introductory paragraph of subsection 14-6M-1E in its entirety, and incorporating in lieu thereof a new introductory paragraph of subsection 14-6M-1 E, as follows: In the ORP, I and RDP Zones: Any accessory use is permitted, including but not limited to printing, publishing, design, development, fabrication, assemblage, storage and warehousing, and child care facilitios centers, including centers with less than twelve (12) children, provided: Article N, entitled "Off-Street Parking and Loading," is hereby amended by: Repealing subsection 14-6N-1J4f in its entirety, and incorporating a new subsection 14-6N-1J4f that excludes the term "day care center," as follows: f. Schools, preschools Where permitted One parking space, which may be located on a regularly constructed aisle, for each six (6) children Ordinance No. Page 8 Adding a new subsection 14-6N-1J4h to set forth parking and stacking space requirements for child care centers, as follows: h. Child care centers Where permitted One parking space, which may be located on a regularly constructed aisle, for each six (6) children, and one stacking space, located in proximity to the center's entrance, for each twenty (20) children. Any parking spaces, which are located near the center's entrance and adjacent to a sidewalk that has no intervening drives or streets between the sidewalk and the entrance to the center, may be counted as both a parking space and a stacking space. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ~ day of , 19 MAYOR ATTEST: CITY CLERK ~ty~ney's ~i~ ',,..___g./ ' ppdadmin\chldcare,ord January 7, 1997 Ed & Cheryl Sobaski 2315 Cameron Way Iowa City, IA 52246 Iowa City Council 3410 East Washington Iowa City, IA 52240 I would like to request the City Council to be expeditious when considering the amendment to the Zoning Chapter concerning child care facilities. Thank you for your time in tlfis matter. Sincerely, Ed & Cheryl Sobaski City of iowa City MEMORANDUM Date: December 19, 1996 To: Planning and Zoning Commission From: Melody Rockwell, Associate Planner Be: Iowa City Child Care Regulations At the Commission's November 7 meeting, staff was directed to research and recommend amendments to the Zoning Chapter concerning child care facilities. Accordingly, over the past six weeks, staff has reviewed planning literature and studied ordinances on child care regulations for various cities and counties in the United States, surveyed 14 Iowa communities and Madison, Wisconsin, to gauge how those cities regulate child care, and interviewed Sandy Kuhlmann, Executive Director, 4 Cs (Community Coordinated Child Care). Staff research indicates that Iowa City's current method of regulating child care facilities may be more stringent than necessary. This memorandum suggests amending the ordinance to streamline the process, to remove inconsistencies with State regulations, and basically, to allow child care facilities in all zones as provisional uses, accessory uses, or special exceptions, as long as state licensing requirements are met and no physical hazard to children can reasonably be anticipated. Need for Child Care National labor and census statistics show decided trends of an increasing number of working mothers and the increasingly urgent need for child care facilities. In 1950, only 14% of women with preschool children were working outside the home. By 1980, this figure had grown to 47%. By 1986, more than 50% of women with children under the age of three were working. This is the fastest growing sector of the American labor force. By 1990, 33 million children, or 61% of all children under 14 years of age, had working mothers. It was predicted that by 1995, nearly two-thirds of all preschoolers (15 million) and over three-fourths of all school-age children (28 million) would have mothers in the labor force. The growing need for child care facilities is evident in Iowa City as well. (Please see the attached December 6, 1996, memoranda from Sandy Kuhlmann.) Kuhlmann has indicated that although the demand for child care is increasing, the number of child care facilities is decreasing in Iowa City. Most child care providers operate on a small margin of profit. With the cutbacks in government subsidies for child care, the lack of licensed, affordable space for child care, the inadequate wages and nearly nonexistent benefits for child care providers, the problems with securing affordable liability insurance, and inconsistent layers of state and local regulations, it is difficult for child care providers to get into and stay in business. Some larger cities, such as San Francisco, Hartford, Cincinnati and Seattle, and smaller cities as well, have used density bonuses or day care space exactions to encourage the provision of affordable, child care as development occurs. Providing day care in commercial or industrial settings in or near high employment centers is increasingly being used by developers as a marketing amenity; to attract the type of businesses wanted at an industrial park, to aid in recruiting employees, to reduce absenteeism, shorten typical maternity leave and relieve parents of much child-care related stress, to lease low exposure space in retail centers with other tenants benefitting from the traffic the child care center generates, and to improve their public image. 2 One child care study stated that employees in management positions ranked child care as a top employer-provided amenity. It appears that supporting the development of child care facilities in commercial and industrial zones can make economic sense. PROPOSED ZONING CHAPTER AMENDMENTS FOR CHILD CARE Perhaps density bonuses could be considered in Iowa City in certain zones, such as the PRM and CB-5 zone. But, initially and at a minimum, staff recommends the Zoning Chapter be amended to remove unnecessary restrictions on child care by: 1) refining the definition of child care facility so that it is not contradictory to State requirements and that it differentiates between home-based care and center-based care, 2) except in industrial zones and in single-family residential zones, handling additional regulations for child care facilities administratively, instead of requiring review by the Board of Adjustment, 3) allowing child care in all zones, and reducing the number of zones that require approval of a special exception by the Board of Adjustment for a child care facility to be established, and 4) specifying that child care facilities are permitted by right as an accessory use in commercial and industrial zones, and in religious institutions, schools, and neighborhood centers in any zone. The fundamental goal in amending the Zoning Chapter is to end up with an ordinance that allows a wide range of child care programs in a variety of locations throughout the community, while safeguarding child and neighborhood welfare. Definition: Child Care Facility A child care facility is currently defined in the Zoning Chapter as a "State licensed or registered facility where more than six (6) children are temporarily left with attendants. Any establishment receiving any number of children after ten o'clock (10:00) p.m. and before seven o'clock (7:00) a.m. is defined as a "chfid care facility" and, as such, is State licensed or registered." The State Department of Human Services (DHS) has three categories of child day care: a) a family day care home, where care is provided for up to six preschoolers and on a temporary basis (less than two hours) up to five school-age children for a total of eleven children, b) a .qroup day care home, where care is provided for up to six preschoolers and on a regular basis (usually during the summer) of up to five school-age children for a total of 11 children, and c) a licensed day care center, where care is provided for seven or more preschoolers and/or twelve or more children total. Indoor and outdoor space requirements per child and other DHS requirements must be met. 3 The first two categories are home-based care situations. A family day care home may be registered with DHS and a group day care home must be registered. A day care center must be licensed by the State. The City's child care regulations address any child care situation that involves the care of more than six children at any one time. In practice, home-based child care situations, which meet the DHS requirements of no more than six preschoolers and five school- age children cared for at one time, are considered home occupations. Unless there is a complaint, the child care facility regulations for more than six children are generally not enforced, because of the child care being located in private homes and the City not monitoring enrollment numbers. According to Sandy Kuhlmann, there are no time of day child care regulations that require State licensing or registration. In fact, she urged that the City not place restrictions on evening and early morning child care. To do so penalizes second shift and night workers, who usually have lower incomes and a more difficult time finding child care for their children. Staff proposes amending the Zoning Chapter by removing the definition of "child care facility," and incorporating the terms "child care home" and "child care center" in the definitions section of the Zoning Chapter to differentiate between home-based care and center-based care, and to delete any references to the time of day the child care is provided, as follows: CHILD CARE HOME. A home-based child care facility, which provides less than 24- hour care or supervision in a residence for a maximum of eleven children at any one time. CHILD CARE CENTER. A non-residential child care facility, which provides less than 24-hour care or supervision for twelve or more children, and is licensed by the State. Child Care bv Zone It would seem reasonable for the Zoning Chapter to allow home-based care for a maximum of eleven children by right as an accessory use in all residential zones. The residence would need to be occupied as a residence, and child care would be allowed as an accessory use to the principal, residential use. This would allow family day care homes and group day care homes, as defined by the State, to provide care in residential zones without City regulation, much as it is now done in current practice. These smaller, home-based child care operations would be defined in the ordinance as child care homes. Staff proposes that a child care center that provides care for twelve or more children and is licensed by the State be subject to certain design guidelines and be permitted in all zones as follows: a) by special exception in the single-family residential zones (RR-1, RS-5, RS-8, RS-12, RNC-12), and the industrial zones (I-1, I-2). In the residential zones, this approach would permit closer neighborhood scrutiny and Board of Adjustment review in residential neighborhoods, where concerns about traffic generated by a larger day care facility should be addressed. When warranted, the Board can either deny the application for a child care center, or set forth conditions of approval to ameliorate the impact of a child care center on surrounding residential areas. Similarly, in the industrial zones, Board of Adjustment review will allow the Board to deny child care in an undesirable location or place conditions on an approval to separate and protect the children from hazardous situations. 4 b) provisionally, that is, provided that the child care centers meet additional regulations or design requirements, they may be located in the remaining residential zones (RFBH, RM-12, RM-20, RNC-20, RM-44, PRM and R/O) as well as the commercial and research park zones. This would allow child care centers to locate freely in most zones if certain guidelines are met. Compliance with the provisional requirements would be handled administratively by City staff through site plan review. Board of Adjustment review would not be required. c) by right as an accessory use in commercial and industrial zones, and in religious institutions, schools of generalized private instruction and neighborhood centers in any zone. The child care centers allowed as accessory uses would still be required to meet DHS licensing requirements, but would be allowed to locate, for example, in office buildings or in manufacturing plants, as long as the child care use is incidental to the principal use, is operated and maintained under the same ownership, does not include structures or structural features inconsistent with the uses to which they are accessory, and is located on the same lot. It would also allow a child care center to be located in any zone as an accessory use, if it is housed within a religious institution, school of generalized private instruction or a neighborhood center; each of these facilities that is proposed to house a child care center needs to meet additional requirements, such as being located with access on a collector or arterial street, having greater setback or lot area requirements, and often, requiring a special exception approval to be established. No special exception or site plan review would be required for a child care center established as an accessory use as described above. Additional Re.qulations/Desiqn Guidelines The Zoning Chapter currently requires child care facilities locating in certain zones to comply with the following additional regulations: The facility shall provide a fenced outdoor play area of not less than one hundred (100) square feet per child using the area at any given time. 2. No playground equipment shall be permitted in the front and side yards. Fenced play areas shall be enclosed or protected, well drained, free from hazards, and readily accessible to the facility. The facility must contain at least thirty five (35) square feet of accessible, usable interior floor space per child, excluding kitchen, bathrooms and halls. 5. The facility's operation and maintenance shall meet all applicable State requirements. The first, third and fourth regulations mirror State requirements and the fifth regulation references State requirements. The second regulation concerning the location of playground equipment is a local requirement that may be intended to set playgrounds back a minimum distance (generally 20 feet) from streets and provide at least a small setback from adjacent properties along side lot lines. 5 Child care studies reviewed by staff indicate there are also design concerns involving 1) the safety of the pickup/dropoff areas for children, including requiring sufficient stacking spaces and allowing for adequate separation of pedestrian access from vehicular traffic, and 2) the location, buffering and screening of playground areas, particularly in commercial and industrial areas, to protect children from potentially hazardous situations and to provide direct, safe access between the center and the playground. Instead of replicating indoor/outdoor space and fencing requirements in the ordinance, staff considered simply referencing DHS requirements, and adding a few design guidelines to ensure safe access between the center and the parking, and to screen the outdoor playground areas. However, local child care providers have expressed their concerns through communications with Sandy Kuhlmann that the State legislature may repeal many of the regulations that are now in place during the upcoming legislative session. They asked that staff recommend retaining the existing, additional regulations for child care in the Zoning Chapter. Staff suggests, therefore, that the additional regulations for child care that are now listed in the Zoning Chapter be retained with new access and screening design guidelines added as follows (changes are shown in italics): Child Care Centers: The center shall provide a fenced outdoor play area of not less than one hundred (100) square feet per child using the area at any given time. 2. No playground equipment shall be permitted in the front and side yards. Fenced play areas shall be enclosed or protected, well drained, free from hazards, and readily accessible to the center. In commercial and industrial zones, evergreen screening will be provided, in accordance with the screening performance standards set forth in subsection 14-6S-11, on the perimeter of the fenced play area, unless the City Building Official determines that such screening is not needed to buffer the children from the noise and dust associated with intensive commercial and heavy, industrial activities. The center must contain at least thirty five (35) square feet of accessible, usable interior floor space per child, excluding kitchen, bathrooms and halls. The dropoff/pickup area for the center shall be designed to allow for sufficient stacking spaces located in proximity to the center's entrance. The separation of pedestrian access and vehicular traffic is encouraged to minimize the extent to which children are required to walk across drives or roads to gain access to the child care center. One-way drives are also encouraged. 6. The center's operation and maintenance shall meet all applicable State requirements. Parkin.q Requirements Beyond the standard residential parking requirements, no additional parking spaces are recommended for the home-based, child care homes. No additional parking is recommended for accessory child care centers. Staff review indicates that the current parking requirement of one parking space for each six children in the child care center is fairly standard both nationally and throughout Iowa, and staff suggests that this requirement be retained as is. However, staff does recommend that one stacking space per 20 children in the child care center be required, and that any stacking spaces 6 that are required or provided for the child care center be located in proximity to the center's entrance. Staff further recommends that stacking spaces be counted as required parking spaces, which are located near the center's entrance, and are adjacent to a sidewalk that has no intervening drives or streets between the sidewalk and the center. STAFF RECOMMENDATION: Staff recommends that the Zoning Chapter be amended to regulate child care centers as proposed in this memorandum and as set forth in the accompanying table entitled, "Proposed Child Care Requirements by Zone, December 1996." ATTACHMENTS: 1. Sandy Kuhlmann Memoranda Dated December 6, 1996 2. Current Iowa Day Care Registration Guidelines 3. Table of Child Care Facility Requirements by Zone, December 1996 4. Table of Proposed Child Care Center Requirements by Zone, December 1996 Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development bc5-5MR 4Cs Community Coordinated Child Care 1500 Sycamore St. · Iowa City, Iowa 52240 · (319) 338-7684 · FX(319) 338-9139 To: From: S ubj e ct: <re Melody Rockwell Sandy Kuhlmad/j/- ~ Impact of Iowa City codes on child care providers Date: December 6, 1996 Over the past two years (1995 and 1996 to date) there were 3,230 requests made for child care referrals. The age range for care needed is between 2 weeks and 12 years. For each of the two years listed, one-third of the requests for care were for children under the age of 1 year. Of those parents who were willing to respond to the statistical questions about income, (-98%), fifty percent of the families were below 75% on the income guidelines. Many barriers make it difficult for parents to find quality, affordable child care. For example, location is one of the primary concerns parents have when they look for care. Parents want their children to remain near their home. It is more convenient for the parent; and for older children, to be within walking distance of their school. Child care is best suited for residential areas for many of the same reasons that elementary schools are neighborhood schools. Families are invested in their own community and want to remain there. A second choice among parents for child care location is proximity to work, particularly for parents with very young children. This is one of the many reasons employers look into on-site child care for employees more frequently now than in years past. When a parent is concerned or anxious about child care, work performance suffers. If child care is within walking distance from work, the parent can regularly make reassuring visits. Another concern that is readily expressed is the cost of child care. Parents want the best they can afford. The highest-priced age group, infant care, is Child Care Referral o Provider Training · Parent Education · Child Advocacy · Toy Library o Home, Ties also the age group with the greatest demand for care. For many parents the reality of the high cost of infant care first hits them only a week or two prior to returning to work. Often these new parents haven't anticipated the difficulty of finding a nurturing child care provider they feel comfortable leaving their precious new baby with, let alone the cost of that care which is often comparable to their monthly rent/mortgage payment. It is typically a rude awakening for young parents in entry level positions to find out that after paying for child care the take home pay for one of the partners is equal to approximately $1.50/hour. The average cost of child care for infants, (zero-2yrs), is $100-$15 O/week and toddlers, (2-5yrs), is $90-140/week in our community. Those figures equate to monthly payments of $390.00 - $650.00. Is there child care in the community for less than these amounts? The answer is yes, however not substantially less. The real question presented is whether it is quality child care. And many parents are forced to choose less than quality care for their children for financial reasons and lack of regulation. The increased demands that will be required under the Welfare to Work plan continue to stress the child care system. Those with the lowest wages find high quality care outside of their reach. One reason is based on the subsidies that are offered. State of Iowa child care assistance programs pay only 60%-80% of the real wage a provider would make with a private pay family. Most providers don't want to accept DHS certificates. Those who do are often under-trained, or unskilled providers who are providing care as a favor to the parents. Additional stresses on the current system of child care across the nation are related to a number of federal programs supporting child care and education of child care providers, the most significant of which is the Child Care Food Program. The CCFP provides financial reimbursement to child care providers for the nutritionally balanced meals and snacks they provide to the children in their care. This financial assistance makes a real difference in the budgets and food choices of those caring for children. In all practical terms it bridges the gap between what providers need to charge to subsist in the business and what parents can afford to pay. The reality of the proposed and approved federal changes eliminating this entitlement program for approximately 85-90% of the providers in Johnson County will mean many will leave the child care profession. Beyond cost, providers have concerns about regulations. Most quality care- givers want someone to regulate their industry. Providers feel that even though they complete their DHS registration, no one is monitoring their homes. Site visits are only performed by food program personnel under Federal regulations. Providers are concerned that care will plummet if no agency is advocating for the children. Parents, too, have concerns because they cannot leave work to check up on their providers with any amount of regularity. In reviewing the Iowa City codes and the State of Iowa regulations for child care, the major difference between the two sets of regulations concerns the distinction made by the State between Licensed Child Care Centers and Family Child Care Homes. The State differentiates in the following: A. A Licensed Child Care Center is a facility caring for seven or more children and issued a full or provisional license by DHS under the provisions of Chapter 237A. A center MUST be licensed and monitored by the Department of Human Services. B. A Family Child Care Home is a private residence caring for six or fewer preschool children, (including the provider's own children), and no more than five additional school-age children, ( not including the provider~s own children), for a maximum of two hours at any point in the day, as authorized by section 237A.3, subsection 1 of the Iowa Code. Family Child Care Homes are not legally required to become registered with the State of Iowa, this is an entirely voluntary process. Registration with the State is a self-certifying process with no scheduled monitoring visits at any point. The State reserves the right to perform a site visit without notice. My understanding of the Iowa City codes on child care is that the codes are often repetitive of the requirements placed on Licensed ChiM Care Centers by the state; and more restrictive than the state requirements for Family Child Care Homes. A special use permit is not the answer to encouraging start-up for a child care home, or center. The document is cumbersome, difficult; in fact, it is prohibitive for most providers to complete. If it is necessary to continue allowing child care only as a special exception, perhaps a separate, simpler form could be utilized for the provision of child care. Monitoring what is going on during the day while parents are at work is the real issue for regulating quality care. When our society has moved to a point where the majority of families have dual working parents or single parents who must work outside of the home, ! find it very interesting that in no residential zone, and in only one commercial zone in Iowa City is child care a permitted use. All trends indicate that there will be increases in the number of parents in the workforce which in turn will mean increases in demand for child care. Child care is the foundation upon which the country builds it's workforce. Reducing the barriers, assisting in increasing the supply of quality caregivers will place Iowa City in the position to meet the demands of the future. 4Cs Community Coordinated Child Care 1500 Sycamore St. · Iowa City, Iowa 52240 · (319) 338-7684 · FX (319) 338-9139 c Melody, In my memorandum on barriers to providing child care, I indicate there is a differentiation in the type of child care operating within the city: home- versus center-based. In thought and discussions with staff after our meeting, I realized most home-based child care providers do not apply for the special exceptions to operate a child care business in their homes. Most aren't aware of this requirement. I personally have a question about the regulation: does it apply only to center-based child care facilities, or to family child care homes as well? After our meeting I also realized that, while the city code does duplicate requirements for center-based child care, the code actually goes above and beyond requirements for home-based child care. For example, DHS regulations do not require home-based child care operations to have a fenced-in yard, or 100 sq. ft. per child of outside play area. DHS requirements for indoor space per child for a home are also less. We contacted a number of providers, both home- and center-based, for letters of support in reducing the barriers in zoning for child care. The responses we received were surprising. All indicated they didn't want any relaxation of any child care laws or regulations. They stated time and again that no one is watching out for the children, and that every oversight, no matter how small, is helpful. We discussed how the city does not regulate the actual care, only the ability to begin providing child care in a given locale, but the providers would not budge. Child care professionals are aware there are individuals providing care for children with agendas other than the nurturing care and education of a young human being. They are concerned, and feel that those less qualified and less skilled will be hampered sufficiently with the paperwork and bureaucracy of obtaining a special exception, enough to deter them. None of the providers indicated a wish to attend the meeting, or receive the staff report. Child Care Referral o Provider Training · Parent Education · Child Advocacy · Toy Library e Home, Ties In my opinion there are positive and negative reasons to consider in relaxing the zoning requirements for child care operations in residential areas. Basically, single-family homes are not conducive to large child care center programs; the rooms are small, and it's difficult to create good programming to overcome the building structure. One positive aspect would be if you could still regulate the size of the program, i.e. the number of children allowed. There is a narrow segment which is not adequately accounted for through provision of family child care homes or licensed centers. Therefore, if you allowed licensed child care centers in residential areas for perhaps no more than 8 children; with two adults to staff, it could provide for a quality program. For many child care professionals conducting a program in their own home, with no adult assistance is a less than optimum alternative. Working in family child care is a very isolating job, and the burden of having your work permeating your home is also unattractive, particularly in the case of very small children who are inclined to be messy. Still, we receive many inquiries annually from interested individuals who would like to establish a child care facility with two staff for a small number of children. Many are married partners, or friends who would like to work together, thus reducing isolation. Family child care homes are not allowed to enroll any additional children over six, regardless of the number of adults present. These prospective child care teams find that they can't afford to operate financially if restricted to six children; and they must receive a special exception and adhere to all of the spatial and safety requirements if they become licensed as a center. Another argument to consider is the new Republican mandate to de-regulate child care in Iowa. Many legislators are looking to cut and slash all regulations for child care. It is anticipated that there will be significant changes in requirements for both family and center-based child care in the near future. If the state allows all family-based child care programs to operate with two or more staff, with unlimited children, it's the same as saying there is no need for licensed centers. Centers won't be able to compete financially, due to the additional requirements for space and safety, with family child care homes in this situation. If Iowa City enacts tougher regulations for child care centers than the surrounding communities it will encourage centers to set up business in those other communities. However, if Iowa City relaxes these regulations, and the state in turn eliminates all of the current protective measures for children, it could present further difficulties. Child care regulations may change year-to year based on the current political climates. If the City has definite standards they wish child care providers to adhere to, it is prudent to keep those requirements in the code, regardless if they are currently duplicative of the state code. Please call if I can be of further assistance. I am currently on the Housing and Community Development Commission, which meets the same evening as the Planning and Zoning meeting. I will try to stop in afterward, and send someone in my place. DAY CARE REGISTRATION GUIDELINES Maximum Number of Children Allowed At Any One Time FAMILY GROUP --Pre-school Children Definition of Pre-schooh Children not in kindergarten or a higher grade level 6* pre-schoolers ('No more than 4 under age 2 at one time. Own pre-schoolers a re included in capacity) 6' pre-schoolers ('No more than 4 under age 2 at one time. Own pre-schoolers a re included in capacity) --School-age Children Definition of School-age: Children i_E kindergarten or a higher.grade level (NOTE: See capacity exceptions due to inclement weather on back) any additional number** not to exceed (including pre-schoolers) 11 TOTAL for L E S S than 2 hours ('*Own school-agers and own related school-agers are not included in capacity) any additional number*' not to exceed (including pre-schoolers) 11 TOTAL ("Own school-agers and own re I ate d school-agers are not included in capacity. Also an assistant age 14 or older must be present if 7 or more are in care for pver 2 hrs.) - -Related School-age Children (by marriage, blood, adoption) any additional number any additional number Definition of Related: Grandchildren, nieces, of school-age allowed of school-age allowed nephews, siblings, first cousins, guardianship children and are .not. included and are not included or their step-equivalents in capacity in capacity Safety Requirements ~ -Emergency numbers posted by working phone - -First aid supplies handy and easily accessible - -Annual laboratory analysis of private water supply to ensure safe consumption. (Also, a nitrate analysis if caring for those under age 2) . -Medications and poisons kept out of children's reach - -Medications given only with parent's or Dr.'s direct authority - -Safe indoor/outdoor play areas and equipment - -Safety barriers at stairways for pre-schoolers - -Electrical outlets covered or plugged - -Emergency plans for tornado/fire posted/drills practiced - -Safety barrier around heating stove or heating element - -Combustible materials stored away from heat sources - -Fire extinguisher (2A 10BC) accessible in hoh~e - -Smoke detector in home/checked monthly and recorded -Two direct exits outside from main floor and if using 2nd floor or basement, there must be at least one other direct exit outside in addition to the inside stairway yes, required yes, required yes, required yes, required yes, required yes, required yes, required yes, yes, required yes, yes, required yes, yes, required yes, yes, required yes, yes, required yes, yes, required yes, yes, required yes, no, but recommended yes, no, but recommended no, but recommended required required required required required required required required on each child-occupied fiocr yes, in each child-occupied room and at top of each stairway yes, required Other Requirements -A quiet, separate area for sick children -A DHS-approved assistant age 14 or older present (NOTE: See capacity exceptions due to inclement weather on back) -Mandatory child abuse reporter training (keep certificate of completion on file) no, but recommeded no yes, within 6 mos. and every 5 yrs. thereafter - -Signed physican statement on file as to health of yes, when first registered provider, household members and DHS-approved and every 3 yrs. thereafter assistant in regard to caring for children - -Maintain individual children's files with pertinent information yes, required (check with DHS for specifics) yes, required no, if 1-6 present yes, if 7-11 non-re!a:e~ yes, within 6 mos. ar~c every 5 yrs. there~_ter: assistant must als: yes, when first registered and every 3 yrs. therea,'ler yes, required THESE GUIDELINES ARE SUBJECT TO CHANGE. THERE MAY BE ADDITIONAL REQUIREMENTS. CALL YOURLCCALDHS. Inclement Weather Registration Capacity Exceptions Additional school-age children may be cared for, over registration capacities, O N LY when school is cancelled because of bad weather A N D the following conditions are met: each. parent or guardian of children normally in attendance give written, .prio r approval that it is okay to have the extra school-agers in care if school is cancelled because of bad weather (law does not apply for in-service, vacation, conference, etc. days) AND ./the schooloager is normally enrolled in your home for periods less than 2 hours OR ¢ if the child were not in your home, the child would be unattended OR your home regularly cares for an enrolled sibling (brother or sister) The total numbers of children allowed when school is cancelled due to bad weather are: FAMILY DAY CARE GROUP DAY CARE Up to 6 pre-schoolers plus additional school-agers (excluding own school-agers and own related school-agers) = ATOTAL not to exceed 1 I at one time AND a DHS-approved assistant age 14 or older is present when 7 or more children are in care for more than 2 hours Up to 6 pre-schoolers plus additional school-agers (excluding own school-agers and own related school-agers) = A TOTAL not to exceed I 5 at one time AND a DHS-approved assistant age 14 or older is present when 7 or more children are in care for more than 2 hours NO MORE THAN 6 PRE-SCHOOLERS MAY BE PRESENT IN EITHER FAMILY OR GROUP DAY CARE HOMES AT ANY ONE TIME, NO MATTER THE CIRCUMSTANCES! Prepared by Deb Haub, Clarke County Extension CACFP, Osceola, IA 50213 Revised-Effective 7/94 CHILD CARE FACILITY* REQUIREMENTS BY ZONE December 1996 Permitted Provisional Zone Use Use Residential Zones: Rural I-(osidential :'RR: Low Density Single-Family Residential (RS-5) Medium Density Single-Family Residential (RS-8) High Density Single-Family Residential (RS-12) Neighborhood Conservation Residential (RNC-12) Factory Built Housing Residential (RFBH) Low Density Multi-Family Residential (RM-12) Medium Density Multi-Family Residential (RM-20) Neighborhood Conservation Residential (RNC-20) High Density Multi-Family Residential (RM-44) Planned High Density Multi-Family Residential (PRM) Residential/Office (R/O) Commercial Zones: Commercial Office (CO-1) Neighborhood Commercial (CN-1) I I~g!w~'ay Comr¥'o'cir.~:. ,,CI-I..": InL,,..}nsiv(.~ C¢:.m. morcial (C!..1) Community Commercial (CC-2) Central Business Service (CB-2) Central Business Support (CB-5) Central Business District (CB-10) Research Development Park (RDP) Special Exception Required No No N3 No No Yes** + No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes No No Yes No No Yes+ No No Yes No Yes N/A No Nc No No Nc No No No Yes No No Yes Yes N/A N/A No No Yes No No Yes Office & I,,.,suar,.,, Park ~(:)R!~; No No No (. .5.:; ,'m ,a l !"~cu~l. ri;.~i fl-1.) I Nc No No ! I k,:..)vy Ir'dustri,'.fi ~.i-2'., ] No. No i\Jo * Defined as a facility caring for more than six (6) children. ** Limited to religious institutions, or within a private residence where less than twelve (12) children are cared for. + Compliance with additional regulations required. ppdadmin/chilcar,tbl PROPOSED CHILD CARE CENTER* REQUIREMENTS December 1996 BY ZONE Residential Zones: Rural Residential (RR) Low Density Single-Family Residential (RS-5) Medium Density Single-Family Residential High Density Single-Family Residential (RS-12) Neighborhood Conservation Residential (RNC-12) Factory Built Housing Residential (RFBH) Low Density Multi-Family Residential (RM-12) Medium Density Multi-Family Residential (RM-20) Neighborhood Conservation Residential (RNC-20) High Density Multi-Family Residential (RM-44) Planned High Density Multi-Family Residential (PRM) Residential/Office (R/O) Commercial Zones: Commercial Office (CO-1) Neighborhood Commercial (CN-1) Highway Commercial (CH-1) Intensive Commercial (C1-1) Community Commercial (CC-2) Central Business Service (CB-2) Central Business Support (CB-5) Central Business District (CB-10) Research Development Park (RDP) Office & Research Park (ORP) Industrial Zones: General Industrial (I-1) Heavy Industrial (I-2) * Defined as a facility caring for twelve or more children. + Compliance with design guidelines required. No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No Yes+ No No No Yes+ No No Yes+ Note: Child Care Centers are permitted as accessory uses in commercial and industrial zones, and in religious institutions, schools of generalized private instruction and neighborhood centers. ppdadrnin/chilpro.t bl Permitted Provisional Specia~ Zone Use Use Exception Required NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR IOWA CITY PARKING RAMPS FACILITY UPGRADE CAPITOL STREET AND DUBUQUE STREET RAMPS IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract, and estimated cost for the construction of the Iowa City parking ramps facility upgrade Capitol Street and Dubuque Street ramps at 7:00 p.m. on the 14th day of January 1997, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract, and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract, or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK pweng\l 2-11 .nph