HomeMy WebLinkAbout1997-01-28 Public hearingNOTICE OF PUBUC HEARING
Notice it hereby given that · public hearing
will he hdd by the City Council of Iowa City,
Iowa, st 7:30 p.m. on the 14th day of January,
1997, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, lows; at
which hearing the Council will consider the
,f~g~owing: .
("l.~".'~An ordinance eraending the Zoning Chapter
',---/by chenging the use regul,tions on a 40.7
acre parcel locked on the north side of
Rohrat Road, east of Highway 218, from
RS-S, Low Density $ingle-Fsmily Residential,
to OSA-8, Sensitive Areas OverlayMedium
Density Single-Family Rasiden~ial.
2. An ordinance amending Title 14, Chapter 6,
entitled 'Zoning,' by changing the reguit-
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 ere encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
January 23, 1997
City Council
Scott Kugler, Associate Planner
RF796-0070. Walden Hills - Design of Shannon Drive.
At the January 14 Council meeting questions were raised regarding the design of Shannon
Drive as a collector street. The following discusses staff's evaluation of these concerns.
Attached please find a sketch map showing the proposed street network for Walden Hills
and how it relates to surrounding developments and properties. Also shown on the map is
a sketch depicting a potential street configuration within the unplatted portion of the
Galway Hills development (shown with dashed lines). This sketch illustrates how staff
envisions the collector street connection between the two subdivisions, and between
Rohret Road and Melrose Avenue, will occur.
Staff has previously indicated to the developer of Galway Hills that it could not support a
collector street alignment that results in a direct connection between Melrose Avenue and
Rohret Road. By designing a discontinuous collector street alignment that requires
motorists to pass through a number of intersections, and by incorporating traffic calming
techniques into the design of Shannon Drive, the potential for cut-through traffic and the
speed of vehicles within the neighborhood will be reduced. If the route is made
inconvenient enough, most individuals will find it faster and more convenient to stay on the
arterial streets (Rohret Road, Mormon Trek Boulevard, and Melrose Avenue) rather than cut
through this neighborhood. Arterial streets in west Iowa City function very efficiently
compared to other areas of the city.
Staff feels it is important to maintain connections between subdivisions as they develop to
maintain an adequate circulation system for residents of these areas, allow for more
efficient service delivery, and to discourage the proliferation of isolated developments that
are not integrated into their surrounding neighborhoods. Similar collector street situations
exist in other areas of Iowa City, some of which are illustrated on the second attached
map. Staff is not aware of complaints about cut-through traffic or speeding problems in
these areas, all of which share similar characteristics to the Shannon Drive situation. Staff
believes that if care is taken to design Shannon Drive and connecting streets to discourage
cut-through traffic and reduce speeds, problems can be minimized here, also.
Please note that plans for the development of this area of Galway Hills have not yet been
submitted. The street configuration sketched by staff is based partially on concept plans
for this area that have been included on plats being reviewed for other portions of the
development, and on staff comments that have been forwarded to the developers of
Galway Hills regarding the development of this area. The actual street configuration
proposed by the developer may end up being different than that shown here, but staff will
continue to recommend that the concepts being illustrated on the attached map be
incorporated into the final design of the Galway Hills street system.
Allowing this collector street system to be a direct connection between Rohret Road and
Melrose Avenue, with no discontinuity built into it, could result in it functioning as an
arterial street. While this would not have a substantial impact on the Walden Hills
development since only a few lots front on Shannon Drive, every concept plan submitted
for Galway Hills has shown single-family lots fronting on this collector street. Major
changes to these plans would be necessary if Shannon Drive is permitted to be a through-
street connecting Rohret Road and Melrose Avenue directly.
MELROSE AVENUE
'!
\
I
Prepared by: Scott Kugler, Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; (31 9) 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, 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 218, 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
2
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.
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:
ao
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.
Go
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.
3
do
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.
o
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
~'-.~~NT
~/~_ DEN~.~OD ,, ASSOCIATES
By:
,1997.
CITY OF IOWA CITY, IOWA
Naomi J. Novick, Mayor
By:
OWNERS
ATTEST:
Marian K. Karr, City Clerk
Patricia Prikl, as Attorney in Fact for Joan E. Cole, a single person, John D. Meade and
Doris Meade, husband and wife, Frederick Kasper and Katherine Kasper, husband and
wife, Wanda M. Drake, a single person, Keith Pirkl and Barbara Pirkl, husband and wife,
and Donald Pirkl and Patricia Pirkl, husband and wife.
4
ACKNOWLEDGMENT OF WALDEN WOOD II ASSOCIATES
STATE OF~ )
) es:
· ,..~0'7~C0 UNTY )
On this c~'/~day of ,.--~r-~l~l(J4Zr ,A.D. 19 7, before me, the undersigned, a
Notary Public in and for the Statel~of "-I-otto.. , personally appeared
~ 1~-5 '~'aU~v~o~.V% and - - , to me personally known, who,
being by me duly sworn, did say that they are the IYt ~1 ~5 ~C~_Kn-vxv% 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 I~1~ "~x"av~._v'Kvla
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 OWNERS
STATE OF IOWA )
) es:
JOHNSON COUNTY )
On this ,~,- ~n ~'~day of~_~,, ,--.~ , 19_~', before me, the undersigned, a
Notary Public and for saic~c~u'~, in s/al~d State, persj[nally appeared Patricia Pirkl to me
known to be the person wh~Xecuted tbfe foregoing instrument in behalf of Joan E. Cole, a
single person, John D. Meade and Doris Meade, husband and wife, Frederick Keeper and
Katherine Keeper, husband and wife, Wanda M. Drake, a single person, Keith Pirkl and Barbara
Pirkl, husband and wife, and Donald Pirkl and Patricia Pirkl, husband and wife, and
acknowledged that she executed the same as the voluntary act and deed of said Joan E. Cole,
a single person, John D. Meade and Doris Meade, husband and wife, Frederick Keeper and
Katherine Keeper, husband and wife, Wanda M. Drake, a single person, Keith Pirkl and Barbara
Pirkl, husband and wife, and Donald Pirkl and J;~atricia Pirkl,~husband and wife.
~[l~l~a'r~/i~'o~ t~q/State of Iowa
ppdadmin\waldcza.agm
Prepared by: Scott Ku( Assoc. Planner, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5243
CONDITIONAL ZONING AGREEMENT
This agreement is made and between the City of Iowa City, Iowa, a Municipal Corpor on
(hereinafter "the City"), Walden Wood II Associates (hereinafter "Applicant") ant
E. Cole, John D. and Nellie Cole, Frederick and Katherine Kasper, W~ da Mo
Drake, Keith and Barbara Pir and Donald and Patricia Pirkl (hereinafter collectivel~
to as "Owners").
WHEREAS, Owners are legal
located on the north side of
holders and Applicant is contract purcha=
east of Highway 218, legally descl
of property
below; and
WHEREAS, the Applicant and
acres located on the north side of Rohr
Single-Family Residential, to OSA-8,
Residential; and
lave requested that the City rezon, )roximately 40.7
Road, east of Highway 218, RS-5, Low Density
sitive Areas Overlay/Medi Density Single-Family
WHEREAS, the property contains a wool
defined by the City's Sensitive Areas
rezoning and submittal of a Sensitive Areas
and in combinal
,nce, Recess
~velopme
with a stream corridor, as
a Sensitive Areas Overlay
and
WHEREAS, the proposed rezoning will allow
the parcel, incorporating a mix of housing
environmentally sensitive areas existing on the
of up to 249 dwelling units on
)es, while avoiding development on
,erty; and
WHEREAS, the Applicant filed with th~ a
Development Plan (Hereinafter "Plan") ,ssociation
submitted to the City on December 1996, a co
agreement as "Exhibit A" and incor herein by
'reliminary Plat and Sensitive Areas
its rezoning request, revised and
)f which has been attached to this
reference; and
WHEREAS, said Plan is represe by the Applicant as
intentions with respect to of the property, and
to review final developmet final plats, grading
papers, and any other or legal documents re(
development of the and
,g representative of Applicant's
~all serve as a basis upon which
construction drawings, legal
~y the City regarding the
WHEREAS, said PI~ does not contain a detailed development
future rezoning application and development plan will be
development; a~d
for Lot 53, for which a
for approval prior to
WHEREAS, '~he Applicant and Owners acknowledge that certain conditi~s and restrictions
are reas(~n_able to ensure the development of an adequate and controlled~raffic circulation
system for this development and this area of the City, and to ensure approp¥iate use of Lot
53 in relation to surrounding properties; and
WHEREAS, The Applicant and Owners have agreed to develop the pr(
with the terms conditions of this Conditional Zoning Agreement
development property.
in accordance
ensure appropriate
NOW,
follows:
in consideration of mutual promises made
the Parties agree as
The Owners
of Rohret
as follows:
the owner and legal title holders of
east of Highway 218, which
located on the north side
is more particularly described
The East 55 of the North Half of the
Township 79 Range 6 West, of
County, Iowa, cepting Therefrom, that
No. 380, land en by the State of
Book 658, Page 314, land taken
instrument recordE in Book 2059,
County Recorder's ffice. Said Re,,
and is subject to ea., ments and
Quarter, all in Section 18,
; Fifth Principal Meridian, Johnson
lying South and West of Interstate
shown on the instrument recorded in
City of Iowa City as shown on the
97, all of the Records of the Johnson
tract contains 40.7 acres, more or less,
of record.
Owner and applicant
an adequate and controlled
of the City, and to ensure ap
properties. Therefore, Owner
City regulations in order
neighborhood, to help cont
and to ensure adequate p~
the City wishes to ensure the development of
system for this development and this area
ate development of Lot 53 in relation to surrounding
:1 Applicant agree to certain conditions over and above
achieve an integrated street system within the
.~ed on proposed Shannon Drive through its design,
Jew of future development on Lot 53.
In consideration of e ,'s ing the subject property from RS-5 to OSA-8,
Owner and Applicant ree that of the subject property will conform to
all of the requiremen of the Sen~ Areas Ordinance and the RS-8 zone, unless
superseded by prov; ons of the Areas Ordinance or specifically modified as
a result of ap the Plan, as well the following conditions:
ao
The Plan serve as a basis u which final development plans will be
prepare( reviewed. Any major .~viation in the layout of the circulation
system/;" lot configuration, building on and configuration, or other feature
of the?Plan will require a new rezonin, application and approval of a new
Sensitive Areas Development Plan.
,//
No"development shall occur on Lot 52 until ~ full length of Shannon Drive and
its associated improvements are con: between Rohret Road and the
,north line of the subject property, as shown Ihe Plan.
Co
Traffic calming techniques, similar to that
incorporated into the design of Shannon Drive, sue
by City staff.
on the Plan, shall be
:t to final design approval
3
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
)osed development on this lot will be based on the merits of the
plan submitted in association with the future rezoning request.
The Parties
to impose on
required to
community.
knowledge that the conditions contained herein are reasonable conditions
e land under Iowa Code §414.5 (1995) and are a conditions
the public safety of both the residents in area and the
Owners and A acknowledge that in the event iect property is
transferred, sold, or subdivided, all redevelo conform with the
terms of this £.
The Parties acknowled, hat this Conditional Zoning shall be deemed to
be a covenant running the land and with the the land and shall remain in
full force and effect as a enant running with title to the land, unless or until
released of record by the The parties acknowledge that this Agreement
shall inure to the benefit of ind all succe.~ representatives and assigns of the
parties.
Nothing in this Agreement shall be
complying with all applicable, local,
to relieve the Owners or Applicant from
and federal regulations.
9. The Parties agree that the Iowa
Agreement in the Johnson C~y
Dated this day of/
APPLICANT/
WALDEN WO7 ASSOCIATES
By: Myles Brave/~n
WNERS
By: jo~//E. Cole
John D. Meade
Clerk shall record this Conditional Zoning
er's Office at Owners' expense.
,1997.
OF IOWA CITY, IOWA
By:
Naom Novick, Mayor
ATTEST:
Marian K. Karr, City~rk
4
By:
By:
By:
By:
By:
By:
By:
By:
By:
Doris Leade
Nellie Col~',,
Frederick Kas
Katherine Kasper
Wanda M. Drake
Keith Pirkl
Barbara Pirkl
Donald Pirkl
Patricia Pirkl
5
. ACKNOWLEDGMENT OF WALDEN WOOD II ASSOCIATES
STATE OF )
) SS:
COUNTY )
On this day of , A.D. 19 , before me, undersigned, a
Notary Public in and for the State of , ¥ appeared
and , to me pt known, who,
being by me duly sworn, did say that they are the and
, res ~ly, of said corporation executing the within instrument to
which this is that {no seal has been procured by the s 5) corporation; that said
instrument was s~¢ d {and sealed) on behalf of (the seal affixe( is the seal of said)
said corporation by :hority of its Board of Directors; and said
__ and as such officers acknowledged tl execution of said instrument
to be the voluntary act ~nd deed of said corporation, by it a~ them voluntarily executed.
Notary Pub: in and for said County and State
:KNOWLEDGMEN' OWNER
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of
Notary Public in and for said County,
known to be the identical persons n~
instrument, and acknowledged that
, 19 , before me, the undersigned, a
State, personally appeared Joan E. Cole to me
in and who executed the within and foregoing
;cuted the same as her voluntary act and deed.
Public in and for the State of Iowa
//ACKNOWLEDGMENT ~xOWNER
STATE OF IOWA ) ,,/ ~
JOHNSON COUNT~,~ ~
On this ,," day of , 19 , ~,efore me, the undersigned, a
Notary Public in and for said County, in said State, perso-~ally a~peared John D. Meade to me
known to be the identical persons named in and who executc~ the within and foregoing
instrument, and acknowledged that he executed the same as his'~luntary act and deed.
Notary Public in and for the State of Iowa
6
ACKNOWLEDGMENT OF OWNER
STATE
JOHNSON
IWA )
) ss:
NTY )
On this
Notary Public in
known to be the
instrument, and
day of , 19 , before me, the
d for said County, in said State, personally appeared D,
persons named in and who executed the wil
ed that she executed the same as her volur
gned, a
Meade to me
and foregoing
act and deed.
Notary Public in and for State of Iowa
CKNOWLEDGMENT OF OWNEF
STATE OF IOWA
) SS:
JOHNSON COUNTY )
On this day of
Notary Public in and for said County,
known to be the identical persons
instrument, and acknowledged that she
,1
said State,
in and
__, before me, the undersigned, a
y appeared Nellie Cole, to me
executed the within and foregoing
same as her voluntary act and deed.
Public in and for the State of Iowa
ACKNOW;
OWNER
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of ' , 19 , b~fore me, the undersigned, a
Notary Public in and for s~ . ~ in said State, personally a~peared Frederick Kasper to
~nsetrkl~l~/n~,t(~nb(~ atch; identi~lec~etrl~;xm~cdu~c~leV~r~;XaeCUte~ the Wi;yhi~lc~nadndfo~l;ge;i. ng
/" Notary Public in and for the t~owa
ACKNOWLEDGMENT OF OWNER
STATE OF IOWA
) ss:
JOHNSON COUNTY )
On this day of , 19 , before me, the undersigned, a
Notary Public in and for sai~l County, in said State, personally appeared Katherine Kasper to
me known to be the identical, persons named in and who executed the within and ing
instrument, and acknowledge~l that she executed the same as her voluntary act and
\
\ Notary Public in and for the State of
ACKN~ OF OWNER
STATE OF IOWA
) ss:
JOHNSON COUNTY
On this day of
Notary Public in and for said County, in
me known to be the identical persons nam
instrument, and acknowledged that she exe~
, 19__, be1 me, the undersigned, a
;tate, personall~ ppeared Wanda M. Drake to
and who the within and foregoing
,d the as her voluntary act and deed.
,lic in and for the State of Iowa
STATE OF IOWA
) ss:
JOHNSON COUNTY )
ACKNOWLI OF C)~NER
/
/
On this day of ' , 19 , befo[e me, the undersigned, a
Notary Public in and for said County, in said State, personally a~peared 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 vol~,ntary act and deed.
Notary Public in and for the State of Iowa
8
STATE OF IOWA
) ssi",.,
JOHNSON COUNTY ) ;
On this day of
Notary Public in and for
known to be the identical
instrument, and acknowled(
ACKNOWLEDGMENT OF OWNER
, 19 , before me, the
County, in said State, personally appeared B,
rsons named in and who executed the wit
that she executed the same as her
undersigned, a
Pirkl to me
and foregoing
act and deed.
Notary Public in and for State of Iowa
A( )WLEDGMENT OF OWNER
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of
Notary Public in and for said County,
known to be the identical persons ham,
instrument, and acknowledged that he
, I before me, the undersigned, a
;aid State, y appeared Donald Pirkl to me
in and executed the within and foregoing
same as his voluntary act and deed.
Public in and for the State of Iowa
AI T OF OWNER
STATE OF IOWA
) ss:
JOHNSON COUNTY
On this day of / , l~J~ , before me, the undersigned, a
Notary Public in and for said Co~ty, in said State, pe~onally appeared Patricia Pirkl to me
known to be the identical persbns named in and who~xecuted the within and foregoing
instrument, and acknowled,~t~'that she executed the sa/~,as her voluntary act and deed.
\
Notary Public in an~d\for the State of Iowa
9
ACKNOWLEDGMENT OF CITY OF IOWA CITY, IOWA
STATE OF IOWA ) ,'
) Ss:
JOHNSON.COUNTY )
On this '... day of , 1 9 before me,
",. , a Notary Public in and fo~ State of Iowa, personally
appeared Naomi J. Novick and Marian K. Karr, to me per,, known, and, who, being by
me duly sworn,\,did say that they are the Mayor and Clerk, respectively, of the City of
Iowa City, the seal affixed to the foregoing ir t is the corporate seal of the
corporation, and the instrument was signed and on behalf of the corporation, by
authority of its Cit Council, as contained in (Ordinan( (Resolution) No. passed
by the City on the day of , 19 , and that
Naomi J. Novick an( K. Karr acknowledged execution of the instrument to be their
voluntary act and de and the voluntary act an~ deed of the corporation, by it voluntarily
executed.
ppdadrnin',waldc za. agra
Public in and for the State of Iowa
Petition
We the undersigned protest the rezoning of the property designated
Walden Hills from RS-5 to OPDH-8.
Name
(map attached)
Address
c261b 3~&Jd ~ f- ..~- c. ~
il
I%'
(on17 I name per !~ousehold, then return t,~ Judy Pfohl. 2229 Abbey Ln. by Dec.
'"'l~le,~s~ c,~,,,,e b~.5~ +o C;~[c L'. ,,+c~,-I:$O(~-,,,) w~ .,1~.,,1~ h.,,,~
Sharon and Paul McDonald
Walden Woods Neighborhood Association
1216 Jensen Street
Iowa City, Iowa. 52246
338-1937
January 21, 1997
Dear Council Members,
I would like to reiterate the poims I made at the January 14th meeting, with a little
more coherence, I hope. Thank you for beating with me that night, we had scheduled
speakers who could not make it or could not stay, so much of what you heard from me
was extemporaneous. (I'm sure that was readily apparent.)
Our main argument is that the density is simply going to be too high for this parcel,
especially without knowing how Mormon Trek V'dlage will impact. We understand Mr.
Braverman's argument that council has charged developers with finding and creating
developments of this nature. However, we think you should weigh this statement of fact
against homeowner's assertions that they researched, and sought, low density zoning for
adjacent properties before purchasing their homes. Both arguments are valid, but we feel
neither should be more compelling with regard to your decision on this matter.
We are very concerned about the amount of traffic from Walden Hills that will use
the intersection of Rohret Road and Shannon Drive. With only one exit point it seems
clear to us that there will be heavy usage of Coil Drive and Irving Street as a way to avoid
long waits. That means that traffic will be intentionally diverted through an existing
neighborhood which we understood the Council does not condone.
The only way to prevent or reduce this is to close off Irving and Co!l, for use by
emergency vehicles only, and/or to extend Shannon to Melrose during the initial building
phase. fithe density proposed in Walden Hills prohibits having only one egress, the
simplest solution seems to be a denial of the rezoning request rather than complicating
traffic through Walden Woods. The argument about emergency vehicles needing access
to us, through Walden Hills, is not terribly compelling as there have been no access
problems during the last four years with the two existing entry points.
The timing and creation of the extension of Shannon Drive to Melrose is very
important. We believe it is going to have much higher volume than projected. This is
especially true with the new mall going into Coralville and the significant amount of homes
located along Rohret. Since a road connecting Melrose and Rohret has been discussed for
many years, the council should consider taking a closer look at this proposal to decide
exactly where this road would best serve the community. Should it be designed as
collector or arterial, where should it exit, etc.? The Galway Hills neighbors agree with us
and also want input on specifics. We believe this is a very important decision which needs
significant planning and community input.
I realize that the planning engineers do not share our views. But, as Ms.
Vanderhoffpointed out, it is possible they are mistaken. The stop light at West High is a
recent case in point. Number crunching aside, west side residents kne~ that the minute the
newly widened Melrose Drive was reopened for traffic, there would still be a need for a
light at the school. We appreciate that another count was taken and the decision
recommending no permanent light was reversed. However, my point is that it can be
difficult to accurately anticipate all cases of usage based simply on numerical analysis. I
think this minor incident illustrates that residents sometimes have a different perspective
from the people downtown and sometimes, they are right!
Mr. Norton made the accurate comment that what is really at issue in this instance
is the need of the community to develop and grow, balanced with the need of the
community to protect the integrity of existing neighborhoods. Supply and demand was
mentioned by Mr. Braverman. This argument worries us since there are many instances in
Iowa City where town homes and four plexes were built for single family usage but
reverted to rental units when the first family moved out. This is probably unavoidable since
it is such a good investment to make in a college town.
fithis occurs in the high density units of both Mormon Trek Village and Walden
Hills, the amount of traffic could double or triple even our dour predictions (I'm sure we
can agree to stipulate to the empirical evidence that students tend to have one car per
person). This would be particularly true in Walden Hills since it is a significant distance to
bus stops, grocery and convenience stores, banks, etc. Again, having two arterial roads
would probably take of the excess cars.
While we agree there has been significant and good work put into this
development plan, it could be seen as more serendipitous than actually planned. A parcel
comes available and is purchased, high density diverse housing is considered good so plans
are drawn up, and a zoning change is requested. But, is this the best place for the
development? The same question needs to be asked of Shannon Drive. A road that many
people on the West side have wanted for a long time should have close scrutiny, without
the issue of compromising or effecting a developer's building schedule, in order to
determine the best way to realize this important community objective.
I am happy to discuss these points. Please feel free to call me at home or at work,
337-8980. By the way, we all appreciate how gracious you were last Tuesday, given the
hour and the highly emotional presentations which directly preceded us. I am confident
we will be able to work out this zoning issue to everyone's satisfaction.
Sincerely,
Sharon McDonald
January 27, 1997
Dear Members of the Iowa City Council:
Jim Strike
12 Coil Court
Iowa City, IA 52246
My name is Jim Strike and my wife, two children, and I live at 12 Coil Court in~
Walden Woods. I am writing this letter to address the rezoning of the proposed Walden
Hills development. I strongly oppose the rezoning of this area to a higher density for the
following reasons:
1. First and foremost, I believe that the quality of living in the Walden Woods
area would be severely threatened by the close proximity of yet another higher density
type of housing. Our decision to purchase a home in Walden Woods was greatly in-
fluenced by the quality of this neighborhood, the relative quietness of it's streets, the
obvious pride of it's residents, and the attractiveness and consistency of it's homes. I
recall the newspaper articles written boasting the advantages of our Walden Woods
neighborhood and my family and I were eager and proud to become a part of that. I
would hope that as City Council members, you would agree that quality of our neigh-
borhoods should sometimes be of more importance than the quantity of homes a
developer can force into a parcel of land. If the proposed Walden Hills development
were to remain at it's current zoning of 140 units, perhaps it could become a contin-
uation of the quality and consistent type of housing we have in Walden Woods and
become a source of pride for both the city and it's residents.
2. A second issue that should be considered is the drastic increase of traffic which
would result fi'om the proposed rezoning upon Rohret Road, Coil Drive, and Irving
Street. I know that this was discussed at length during your previous meeting and both
the developer and city engineers were somewhat reassuring in their opinions that this
should not be an issue. However, I feel that it is an important issue to be considered.
Although new and much improved, how long can Rohret Road be expected to safely
and efficiently handle the constantly increasing traffic of this development and future
developments sure to come? Also, when looking at the layout of the proposed Walden
Hills development, it becomes rather obvious that Coil Drive and Irving Street will
become MAJOR, not secondary arteries of traffic for the residents of this new
development. Shannon Drive lies further to the west of these two streets and thus
will become for most the less direct route to and fi'om the direction of downtown Iowa
City and Coralville. I do not believe that it is fair that an existing neighborhood's streets
should be allowed to become major arteries of traffic for a development of this proposed
high density.
3. Thirdly, I would like to question Mr. Braverman's motivation for requesting
the higher density rezoning for his development. At the previous council meeting he
stated that by approving the rezoning, the council would allow him to provide lower cost
homes to prospective home buyers. While I admit that this is an admirable goal, I suspect
there are more self-serving financial reasons for this rezoning attempt. In attacking his
motivation, I feel it is only fair that I expose my own financial motivation for opposing
the rezoning. I feel that the close proximity of the density of housing and inconsistency
of the housing resulting from such a rezoning will have an adverse affect upon the value
of our property in Walden Woods.
I would like to thank you for heating my reasons for opposition to the rezoning of
the proposed Walden Hills development and would hope that you will consider them
while voting.
Sincerely,
Jim Strike
~ \%-
January 25, 1997
City Council Members
Iowa City, Iowa
RE: Item Rez ,06-0020 Walden Hills Sensitive Areas
Rezoning & Development Plan
JAN ~ 7 1997
CITY MANAGER'S OFFICE
Dear Members:
We are concerned with the proposed rezoning mentioned above and
urge you not to fezone this area as it has been proposed. Listed below is
a summary of our concerns.
1. Increased Traffic Through Walden Woods
Although there is a light at Mormon Trek and Rohret Road, we feel tt~e
most realistic projection of traffic going south on Mormon Trek (which will
most likely be the majority of the traffic at the end of the work day) is to
expect traffic to cut through Walden Road and then to Call Drive to get
to the new development and to Mormon Trek Village. There will also be
increased traffic from Walden Road to Jensen Street, then to Irving Ave.
to the new development. We anticipate this because it will save time
and distance from waiting at the stoplight. We have already observed
cars using Walden Road and Call Drive as a short cut from Mormon Trek
to Rohret Road.
There are many small children that live in our neighborhood and we are
concerned for their safety, along with the safety of our own child as they
play outside and catch the school bus.
2. Increased Traffic on Rohre! Road
There are wonderful sidewalks on Rohret Road for family walks, bike rides
and trips to Weber School and the playground. As more and more
streets connect to Rohret Road it will become more dangerous to use
these sidewalks. When multi-housing units are built i~ead of single
family homes it would logically seem this will increase traffic even more.
3. Continuos Rezoning for Exiding Homeowners
When we built our home we realized the undeveloped land around us
may be developed so we researched the surrounding areas for zoning.
Now the area for tv~ormon Trek Village has been rezoned and the area
behind us is being proposed to be rezoned. We realize things change
over time.. however there is a big difference from RS-5 to QSA-8.
Everything around us is being rezoned for more density. We are
beginning to wonder what is the purpose of zoning if it is always
changing. If we had known the zoning around us would change so much,
we would have considered other areas.
4. Diversify o! Housing and Lack of Single Family Homes
When tvlormon Trek Village was rezoned, there was a lot of discussion
regarding "diversity in housing". We feel that our area of the city is
already quite diversified and already has too many multi-housing units.
We need more single family homes, not more multi-housing units.
We noticed when we were looking to build our house there seemed to
be many newer developments that had restricted covenants regarding
the size of house that could be built. We are concerned about this and
wonder if you must build a very expensive home to live in a traditional
neighborhood. We have noticed expensive areas of housing that do not
even have zero lot housing and wonder where is the diversity in housing?
5. Price of Housing
One of the reasons multi-housing units are proposed and accepted is the
argument that this is affordable housing for first time buyers. Although
this housing may be the range for first time buyers we wonder if this what
buyers are looking for? We have known of many people who may have
been able to afford this housing but have looked to North Liberty or
other surrounding areas because they could not afford a house in Iowa
City.
6. Neighborhoods
It seems many "affordable" multi units becomes rentals~ especially over
time. We have iived in many different rentals throughout Iowa City
before building our home. We have felt fortunate to find a
neighborhood with true neighbors and a sense of community. We never
had an experience close to this in any of the rental units as people are
always moving. We are concerned this sense of community may be lost
as more and more multi-housing units are being either developed or
proposed to be developed around us.
7. Over Crowding of Schools
Irving Weber is becoming more and more crowed and the school is only
two years old. Weber does not have all day kindergarten and our
understanding is because it is already too crowded. There is already
discussion of changing the boundaries. One of reasons we built where
we did is because of Weber school. There is the potential that when
multi-housing units are built that there will be further crowding on the
schools than if there were single family units.
8. Location of Trees
We noticed on the developer's drawing there appeared to be a row of
trees along Highway 218 andRohret Road. We wonder why those trees
were located there. Is the City concerned with how the development
will appear to cars that drive by for mere seconds? If that is the case:
perhaps we as a city should be more concerned with how this
development will look and effect the existing neighbors who will spend
hours of every day for years looking and living with it. Pertnaps the trees
would be better located between the existing neighborhood and the
proposed development.
9. A "Super-Majorify" Should Approve This Rezoning
We do not understand why a super majority is not needed for this
rezoning. If more than 20% signatures were obtained for letters sent why
isn't a super majority needed to approve this? We understand you have
to take into account other landowners such as the City and the State Of
Iowa, but it does not seem realistic to get signatures from these entities,
therefore why are they even considered? This may the"law"~however
doesn't the City Council have the authority to change laws?
We are writing to you with our concerns and hope to attend the public
meeting this week. After the Mormon Trek Village was approved and
this rezoning was approved by the Planning & Rezoning Committee with
little discussion we wonder if the "City" truly listens to the concerns of
the average citizen. We realize there is amaster city plan however this
can be open to interpretation and to changes.
We respectfully request you to consider our thoughts and urge you to
vote no for the proposed rezoning.
Sincerely,
Tony Rast~,,,,"
Dianne Rash
53 Jensen Court
Iowa City, Iowa
J~N--24-1~d7 13:~ U I F~TH
3193358348
P. 81/83
Janumy 21. 1997
The Mayor and other Distinguished Members of Council,
E. Washington Street.
IOWA CITY. la. 52242.
I attended the last Council Meeting to add quiet support to the two
Neighborhood Associations that are un~mmously protesting the Zoning
chax~e and propom~ develoInnent of Walden Hills.
I would respectfully submit the following -
The issue of re-zoning is composed of several d~menslons that
represent a continuum, arlaing out of development in the imn~xUatc area
of Walden Woods over the last several y~ars.
FirstAy the Issme of fairness: [as discussed a lot at Council
recenfiy]. Is it FAIR to existing residents, to submit to them last year
that the Mm'mon Trek Village development should go ahead partly on the
basis that Housing Diversity was important, and that d_tvcmlty in the
neighbourhood was m~dntalncd by the RS5 area in the west of Walden
Woods, and now to $uhmtt thnt the change of the ve~ same RS5 to the
higher density of the proposed Walden Hi!!~ 'is in keeping' with the
general area? Indeed. this Is the only RS5 leR in the area, and therefore
contributes importantly to di~e~-$lty.
Is it ~ to existing rcsidcnts (tlmt have, in good faith, purchased
homes In Walden Woods. and Walden Court}, that the burden of
increased traffic will fall on them, not only from the Mormon Trek Village
but also now from Walden Hills - particularly as the "collector" road for
Walden Hills ts not to be built as a through load in the foreseeable
futuxe?
is it EAIR to exisung residents in the area [including those that
now will be occupying Mormon Trek Vlllnge as well as the other high
density areas immediately adjacent] that the only accessible park ~
will be provided along a creek, on otherwise unbufidable !and?
J~1-24-1997 13:88 U I PATH 3193358348
Is it FAIR to the existing residents for the developer of Walden
Hills to openly admit at the Last Council meeting that the Walden
dcveloptnent would not occur in Manville Heights? Why then in Walden
Woods?
The s~e~na Issues are that of density and need. The Inctensing
density of the neighborhood around Walden Woods has been occurring
over the last few years. with 3 new developments !n addition to Wniden
~ being proponed - 2 of which have proceeded. There is a palpable
feeling in the neighborhood that people density has increased to beyond
comfortable levels, without the addition of the Mormon Trek ViiinEe. let
alone an increase in density tn the Walden Hills area. This has been
communicated to the Olty regularly over the last 12 months.
The Planning and Zoning Commls,vlon has h_nd presentations made
to them regarding the change for zoning for the Walden Hm~ sub-
division - and the City Council, at its last meeting, has had similar
concerns put regarding people density, traffic effects on the surrounding
community, Including children within this young neighborhood. Many
in the community feel that pre~enting to Council is a 'wa~te of time',
and accept the inevitable further erosion of the sense of community in
Whilst the Neighborhood Associations have expressed genuine and
compelling concerns regarding the -onlng changes and the ~mpact on the
community, there have been put no compelling reasons given why any
zoning change should be accepted. The somewhat tired reason of
provision of affordable housing is dearly not an issue, as the proposed
cheapest dwellings within the Walden Hills development do not fall into
the accepted "affordable' range - and other recent duplexes built in the
area, [said at the time of development submi~ion to be owner-occupied]
have been bought by investors as rental properties - not for potentially
Does Iowa City require more of this type of housing of the nature
pfop(:~!, with the two major employers in the city - the Hospital and
the University. expecting to experience Httle growth and perhaps further
dee. line? Indeed, the unsold properties in the area are te~cament that
demand for this type of property is currently low !
It is not dear who will benefit from this proposed development. It
in clear that the local neighborhood wm continue to suffer, with reduced
quality of life, and a great loss of community. Does the proposed
development make the best use of this land?
The final Issues relate to quality, life-style and sense of
community. As indicated to Councfi before. perhaps the biggest
the people who currently live in Iowa City to remain. This is especially
so as the Job market charlge8. Iowa City generally ranks very well In
J1:~1-24-1997 1~:01 U I PATH 3193358548
National Polls as a quality place to live. However, creating too much
density m the manner proposed by re-zoning the Walden Hills
subdivision reduces that quality, and is likely to encourage existing
residents to move on. It m~y be of interest to you in this regard that
over bslf the houses in Walden Woods adjacent to the Mormon Trek
Village, have been sold or are up for sale since the Mormon Trek Village
development was announced. The same is hkely to occur in the fragile
environment of Walden Woods in tho~e houses adjacent to Walden HilLs.
People do vote with their feet once usual mechanisms of proteat fall.
Overall. the residents m Walden Woods and surrounding
communities feel a genuine sense of abandonment by the City as it
continues to approve developer led proposals to squeeze the most out of
these ranall parcels of land. The community genuinely ~ that there is
little planning into making these developments people friendly, to o~ake
them places were people and fam!!te~ would wish to buy into and call
home. and to allow a sense of corntotality to be developed. The unique
attributes of Iowa City are being changed, and exactly the same style of
developments are seen in many of the surrounding towns. Indeed
residents would irmtead look to a greater quality of integration into
exl~ communities. with more effort made to value-add by the new
development area.
in mammary, there is ample moderate to high density housing In
the area around Walden Woods, with the people density currently being
uncomfortable. People are already moving from the area. The
commun~ti(~ h/lYe regtlJagly and conalstently communi~ated th~ to the
City. and continue to unanimously do so. The density of Walden Hills,
and it~ poor integration into the existing community compounds these
problems dramatically. This has also been communicated to the City.
There is no coml~lling rea~)n for a zoning change, and no benefits have
been proposed. Indeed the onus is on the developer to show need. and
they hm~e failed to do so.
of the residents must be listened to, understood, and acted upon
appropriately. This is c-yen more so, when in previous de~__;slons of zoning
in the area, the City has allowed zoning change. In such an
enviro~ment, where the residents are valued, and in the al~ence of
compelling demonstration of need for change, the Council would not be
expected to approve the zoning change.
Yours sincerel~
GEOFFREY M~-L~-NNAN
Associate Professor of Medicine,
University of Iowa Hospitals and Clinics.
City Council Members
I love Iowa City! I have lived here the major part of my adult life, my five children grew
up here and now four grandchildren. I think of Iowa City as an oasis filled with many
wonderful people and activities and advantages to galore.
My name is Margaret Loomer and I live at 1248 Jensen Street which is right on the
corner of Jensen Street and Walden Road. After a major change in my lifestyle, I
moved to this home three years ago. I was delighted to find friendly, industrious
neighbors who were truly proud of their home which was evidenced by the wonderful
landscaping that has evolved and the upkeep and improvements on their dwellings!
Our neighborhood is fortunately presently involved in working with the Iowa City Parks
in developing a small amount of green space which lies behind my home and down to
the "yellow townhouses" at the bottom of the hill and the new duplexes which have
recently been built. This project has further verified my belief that our neighborhood is
not a transient population but rather interested in our beliefs of a safe secure home for
our children.
I question what the newly proposed development will do to our neighborhood. I would
hate to see people leave because the neighborhood has now become a thoroughfare
for uninterested people. The City Engineer has stated that he does not think this is
true! How naive does he think we are? He probably has the proverbial bddge he
wishes to sell to us also.
I totally support tdmming the amount of units in this proposed development. I also
propose that a cul-de-sac be developed entedng and exiting Shannon Drive and
eliminating any entrance or exit through Coil Drive or Irving Ddve.
Thanks for your attention to this matter and I will see you Tuesday January 28, hoping
for a conscientious vote on your part. Let's keep Walden Woods an oasis.
JAN 2 4 ~997
CITY MANAGER'S OFFICE
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
January 23,1997
Bob Miklo, Senior Planner
Jeff Davidson, Transportation Planner ~
Estimated traffic volume for proposed collector street 'Shannon Ddve'
You have asked me to estimate the projected build-out traffic volume for Shannon Drive, the
collector street proposed within the Galway Hills and Walden Hills subdivisions. You have given
me the following estimate for the number of dwelling units for the two development projects:
Galway Hills existing platted lots 116
Galway Hills preliminary approval 25
Galway Hills concept plan 150
Walden Hills proposed 129
Walden Hills concept elderiy housing 120
Total estimated dwelling units 540
You have indicated that this estimate is likely the maximum number of dwelling units that would
be approved; it could possibly be less. There is a mix of housing types within the two
development projects. For single family dwellings and duplex units, we use a trip generation
factor of 7 trips per day per dwelling unit. For apartments and condominiums we use 6 tdps per
day per dwelling unit. For elderly housing we would expect a much lower trip generation rate;
probably zero to 3 trips per day per dwelling unit. For the calculation of total trip generation I
have used an average trip generation rate of 6.5 trips per day per dwelling unit. The total
estimated trip generation for the 540 units is 3,510. If all traffic generated from the two
subdivisions used Shannon Drive, the estimated average daily traffic volume of 3,510 is within
our design standard of 1,000 to 5,000 vehicles per day for a collector street.
Given the layout of the two subdivisions, I do not expect that every trip generated will in fact use
Shannon Drive. For example, the existing platted lots in Galway Hills will likely continue to
access Melrose Avenue directly via Galway Drive. This would potentially reduce traffic volume
on the collector street by 812 tdps per day. Of course, in spite of our best collector street design
efforts, there will still be traffic from outside of the subdivision which occasionally uses Shannon
Drive; it is, after all, a public street.
I have researched other collector streets in Iowa City which are in areas with a mix of housing
types similar to what is proposed for Walden Hills. 1994 traffic counts are as follows:
Est. Traffic Volume-Shannon Dr.
Janua~ 23,1997
Page 2
Westgate Ddve
Lakeside Ddve
Washington Street
WooIf Avenue
Highland Avenue
Taylor Ddve
Keokuk Street (south of Southgate Avenue)
1,290
1,310
1,680
1,730
2,050
2,410
2,710
With build-out of the two subdivisions, I would expect Shannon Ddve to have similar traffic volume
characteristics as these other streets in the 1,000-2,500 vehicles per day range.
Let me know if you have any questions.
jw/shannon.jd
ilyLl~llllllllllllllllI --
· ~. I
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Richard H Bo~chard
)4819 Rapid Creek Rd NE
Iowa City. IA 52240-7716
...Poinl
45U. 4.5'
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OUTLOT A
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~l'clll~ II1~. I~)IAII' Ill
I,t~ilaLP ~rr.J~. RF-J~!MIPJ~I~Wl
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 28th day of January,
1997, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
An ordinance amending Title 14, Chapter 5,
Article B, entitled "Plumbing Code', Section
604.1 to allow the use of PEX piping system
for potable water distribution, and Section
701.1.1 to allow the use of PVC pipe and
fittings underground as part of the building
drain.
Copies of the proposed ordinance are on file
for public examination in the Office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Prepared by: Ron Boose, H&IS Dept., 410 E. Washington St., Iowa City, IA 52240 (319)356-5122
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14,
CHAPTER 5, ARTICLE B, ENTITLED
"PLUMBING CODE" TO EXPAND THE TYPES
OF MATERIALS ALLOWED FOR THE
INSTALLATION OF POTABLE WATER LINES
AND BUILDING DRAINAGE LINES.
WHEREAS, the City wishes to allow the use
of new construction materials and methods
when they can be demonstrated to be safe and
beneficial;and
WHEREAS, PEX and PVC pipe have been in
use for several years in other jurisdictions and
have proven to be safe and economical when
properly installed; and
WHEREAS, the Board of Appeals reviewed
the product information associated with the use
of these materials and recommends their
inclusion as permitted materials under the
Plumbing Code;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I AMENDMENTS. Title 14, Chapter
5B, entitled "Plumbing Code" be hereby
amended by repealing Sections 604.1, 701.1.1,
701.1.2.4, 701.1.2.5, and 701.2.5.2 of the
Uniform Plumbing Code as adopted in Section
14-5B-1 of the City Code and adding new
sections 604.1, 701.1.1, 701.1.2.4, 701.1.2.5,
and 701.2.5.2 as follows:
604.1 Water pipe and fittings shall be of brass,
copper, cast iron, galvanized malleable iron,
galvanized wrought iron, galvanized steel,
cross4inked polyethylene (PEX) tubing
manufactured to ASTM F876 and ASTM F877,
or other approved materials. A cross-linked
Polyethylene (PEX) plumbing system used
for water distribution shall be certified to
ASTM Standards F876 and ASTM F877, and
shall include requirements for the tubing and
fittings tested as a system by an
independent third party laboratory. Lead
pipe, lead solders and flux containing more than
two-tenths of one percent (0.2%) lead shall not
be used in any potable water system.
Ordinance No.
Page 2
Asbestos-cement, CPVC, PB, PE, (PEX), or
PVC water pipe manufactured to recognized
standards may be used for cold water
distribution systems outside a building. All
materials used in the water supply system,
except valves and similar devices, shall be of a
like material, except where otherwise approved
by the administrative authority. All
installations shall be made in accordance
with the manufacturer's recommendations.
701.1.1 Galvanized wrought iron, galvanized
steel, or ABS ~ pipe shall not be used
underground as a building drain and shall be
kept at least six inches (6") above the ground.
701.1.2.4 Installations shall not be made in
any space where the surrounding temperature
will exceed one hundred forty degrees (140°)
Fahrenheit or in any construction or space
where combustible materials are prohibited by
any applicable building code or fire regulations
or in any licensed institutional occupancy.-er
undorground within a building except whoro
spoci31 conditions roquiro othor th_"n motal pipo.
Tho administrativo authority may approvo plastic
pipo _~nd othor matod31~ in acid w=sto or
doion~-'od wator systoms.
701.1.2.5 PVC pipe of weight SDR 35 or
better may be installed as a building sewer and
Schedule 40 or better PVC may be installed
as a building drain under the following
restrictions:
701.1.2.5.1 Pipe shall be installed in a twelve
inch (12") envelope of clean granular fill, such
as sand or limestone screenings, three-eighths
inch (¥.") in size or smaller. The fill shall be
installed uniformly with a minimum of a four inch
(4") base and a four inch (4") cover (see
diagram).
701.2.5.2 PVC pipe used as the building
drain must be sleeved where it passes
through the concrete slab. PVC pipe may
not be used as the building drain where cast
iron or copper is used as all or part of the
DWV system above the floor.
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
Ordinance No.
Page 3
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 IV. EFFECTIVE DATE. This Ordi-
nance 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
Ap
City Attomey's Office
City of Iowa City
MEMORANDUM
Date: January 24, 1997
To: City Council
From: Ron Boose, Senior Building Inspector-
Re: Amendment to Iowa City Plumbing Code
This amendment has the effect of expanding the use of PVC piping for drainage systems and
permitted the use of PEX piping for potable water systems.
Poly Vinyl Chloride (PVC) piping has been permitted for use above ground for drain waste and
vent systems in Iowa City for many years. The Uniform Plumbing Code (UPC) also allows for its
use underground; however, a local amendment to the UPC has prohibited the use of PVC
underground inside of a building. This amendment will remove the local prohibition and allow the
installation of PVC drainage pipe in accordance with the UPC.
Cross-linked polyethylene (PEX) piping is a product which has been used for the distribution of
nonpotable water such as in radiant heat floor slabs, and which is now becoming accepted for
the distribution of hot and cold potable water. Although it is not listed as an approved product
in the UPC, several states and municipality have approved its use. After reviewing the technical
data submitted by a manufacturer and secudng the ASTM standards for its production, the Board
of Appeals concluded that although the benefits of the product are debatable, there are no
apparent hazards in its use. Therefore it should not be prohibited for use in Iowa City.
Both materials will be restricted to use in buildings of combustible construction and installation
in stdct accordance with the manufacturer's installation instructions.
Prepared by: David Schoon, Economic Development Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ADOPTION AND SUBMISSION OF A COMMUNITY
BUILDER PLAN FOR 1997-2002
WHEREAS, the Community Builder Program, established in the Iowa Department of Economic
Development pursuant to Section 15.308, Code of Iowa (1995), is intended to encourage
community planning efforts for community, business, and economic development; and
WHEREAS, the Iowa City Community Builder Plan 1997-2002 has been prepared, and contains a
database of information on certain components of the community and establishes a set of priorities
and plan of action which addresses these components; and
WHEREAS, residents of the community have been provided the opportunity to comment on the
Iowa City Community Builder Plan 1997-2002; and
WHEREAS, the adoption of the Iowa City Community Builder Plan 1997-2002 will provide Iowa City
with bonus points when applying for certain state financial assistance programs; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of the Iowa
City Community Builder Plan 1997-2002 and its submission to the Iowa Department of Economic
Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That the Iowa City Community Builder Plan 1997-2002, filed in the office of the City Clerk,
be and is hereby approved and adopted.
o
That the City Manager of Iowa City be and is hereby directed to submit to the Iowa
Department of Economic Development the Iowa City Community Builder Plan 1997-2002.
Passed and approved this
day of , 1997.
MAYOR
Approved by
CITY CLERK City Attorney's Office
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
28th day of January, 1997, at 7:00 p.m. in the
Council Chambers of the City of Iowa City, 410
E. Washington Street, Iowa City, Iowa,
regarding the intent to convey a fifty-foot wide
vacated portion of unimproved Lee Street right-
of-way located south of River Street and North
of Otto Street and immediately adjacent to 833
River Street, to Joel and Sandra Barkan.
Persons interested in expressing their views
concerning this matter, either verbally or in
writing, will be given the opportunity to be
heard at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE OF A RFTY-FOOT WIDE,
VACATED PORTION OF LEE STREET RIGHT-OF-WAY LOCATED SOUTH OF
RIVER STREET AND NORTH OF OTTO STREET AND IMMEDIATELY ADJACENT
TO 833 RIVER STREET TO JOEL AND SANDRA BARKAN
WHEREAS, the City Council has considered and passed an ordinance vacating a fifty-foot
wide portion of the unimproved Lee Street right-of-way located south of River Street and
North of Otto Street; and
WHEREAS, Joel and Sandra Barkan own the property adjacent to the right-of-way; and
WHEREAS, Mr. and Mrs. Barkan have offered to purchase the 8105 square feet of vacated
right-of-way for the sum total of $3000.00, or 37¢ per square foot, which takes into
consideration the fact that the entire property is encumbered by a no-build, blanket utility
easement; and
WHEREAS, the City does not need the portion of the right-of-way to provide access to
property in the area.
WHEREAS, on January 14, 1997, the City Council adopted Resolution 97-3 declaring its
intent to convey its interest in the vacated right-of-way, authorizing public notice of the
proposed conveyance, and setting the date and time for public hearing; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that
the conveyance is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that:
The Mayor and the City Clerk are authorized to execute a Quit Claim Deed conveying
the City's interest in the vacated fifty-foot wide portion of the unimproved Lee Street
right-of-way located south of River Street and North of Otto Street, consisting of 8105
square feet of property, to Joel and Sandra Barkan for and in consideration of the sum
of $3000.00, subject to the City reserving and retaining a blanket utility easement
along the entire portion of the subject property for the installation, maintenance and
operation of public utilities.
The City Attorney is authorized to deliver said Quit Claim Deed to Joel and Sandra
Barkan. The deed, the above-referenced easement and other documentation required
by Iowa Code §364.7 (1995) shall be recorded by the City Clerk in the Johnson
County Recorder's Office at Mr. and Mrs. Barkan's expense.
Passed and approved this
day of , 1997.
ATTEST:
CITY CLERK
MAYOR
~'~y Attorney'§ Office
NOTICE OF PUBUC HEARING ON PLANS,
SPECIRCATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR THE MELROSE AVE-
NUE RECONSTRUCTION PROJECT, PHASE II
(HAWKINS DRIVE TO BYINGTON ROAD) [STP-
U-3715(7)-70-52] 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 headng on plans, specifications,
form of contract and estimated cost for the con-
struction of the Melrose Avenue Reconstruction
Project Phase II (Hawkins Ddve to Byington
Road) [STP-U-3715(7)--70-52] in said City at
7:00 p.m. on the 28th 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 conceming
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