HomeMy WebLinkAbout1997-12-09 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that public hearings
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 9th day of
December, 1997, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
consider the following items:
(~2 resolution approving the annexation of a
.59 acre tract located at 4575 Highway 6
SE.
2. An ordinance amending the Zoning Chapter
by changing the zoning designation for a
five acre tract located at 4575 Highway 6
SE from County Rural (A1) (2.59 acres)
and Rural Residential (RR-1) (2.41 acres) to
RM-20, Medium Density Multi-Family
Residential.
3. An ordinance amending the Zoning Chapter
by amending Title 14, Chapter 6,
"Zoning," Article B, "Zoning Definitions,"
Section 2, by changing the definition of
Transient Housing to increase the number
of days persons are able to stay as
temporary residents.
Copies of the proposed ordinances and
resolutions 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/nph-1209.doc
Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251
RESOLUTION NO.
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF A 2.59 ACRE
TRACT OF LAND LOCATED AT 3151 HIGHWAY 6 EAST.
WHEREAS, Iowa City Lodge, Number 1096, Loyal Order of Moose, Inc., hereafter referred to as
Moose Lodge #1096, is owner of an approximate five acre tract located south of Highway 6 and
east of Heinz Road; and
WHEREAS, the southem 2.59 acres of the five acre tract is located adjacent to, but outside the
Iowa City, Iowa corporate limits; and
WHEREAS, Moose Lodge #1096 has voluntarily requested annexation of the 2.59 acre tract into
the City of Iowa City, Iowa; and
WHEREAS, this tract is contiguous to the corporate limits of the City; and
WHEREAS, pursuant to Iowa Code {}368.7 (1997), notice of the application for annexation has
been forwarded to affected public utilities, including MidAmerican Energy Co., Heritage
Cablevision and U.S. West; and
WHEREAS, no comments have been received from said public utilities conceming said
annexation; and
WHEREAS, pursuant to Iowa Code {}368.7 (1997), notice of the application for annexation was
sent by certified mail to the Johnson County Board of Supervisors and the East Central Iowa
Council of Governments; and
WHEREAS, no comments have been received from the Johnson County of Board of Supervisors
or the East Central Iowa Council of Governments on the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The following described land should be voluntarily annexed to the City of Iowa City:
Commencing at the Southeast comer of the Southeast quarter of Section 24, Township 79
North, Range 6 West of the Fifth Principle Meridian; Thence S88°23'21"W, along the South
line of said Southeast quarter, 1,977.38 feet; Thence N00°17'37"E, along the Southerly
projection of the East line of Lot 2, of Saddlebrook Addition-Part I, in accordance with the plat
thereof, recorded in Plat Book 37, at page 94, of the Records of the Johnson County
Recorder's Office, and said East line, 407.91 feet to the Point of Beginning; Thence
N00°17'37"E, 376.31 feet; Thence S89°42'23"E, 300.00 feet; Thence S00°17'37"W, 376.31
Resolution No.
Page 2
feet; Thence N89°42'23"W, 300.00 feet to the Point of Beginning. Said tract of land contains
2.59 acres more or less and is subject to easements and restrictions.
The City Clerk is hereby authorized and directed to certify and file the necessary documents
with the Iowa Secretary of State as required by Iowa Code {}368.7 (1997).
Passed and approved this ~ day of
,1997.
A'i-I'EST:
CITY CLERK
MAYOR
Approved by ,~
~_~_~° m e Y'S,~pm,-r:~/2_. _ y. ~)
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: --NAYS:
the Resolution be
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
I:~:~dadmm/m~sb-eb.doc
NOTICE OF PUBLIC HEARING
Notice is hereby given that public hearings
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 9th day of
December, 1997, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
consider the following items:
1. A resolution approving the annexation of a
2.59 acre tract located at 4575 Highway 6
SE.
.~. b;~ ordinance amending the Zoning Chapter
changing the zoning designation for a
five acre tract located at 4575 Highway 6
SE from County Rural (A1) (2.59 acres)
and Rural Residential (RR-1) (2.41 acres) to
RM-20, Medium Density Multi-Family
Residential.
3. An ordinance amending the Zoning Chapter
by amending Title 14, Chapter 6,
"Zoning," Article B, "Zoning Definitions,"
Section 2, by changing the definition of
Transient Housing to increase the number
of days persons are able to stay as
temporary residents.
Copies of the proposed ordinances and
resolutions 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
ppdadn'~n/nph-1209.doc
Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING
ORDINANCE BY CHANGING THE USE
REGULATIONS OF A FIVE-ACRE TRACT OF
LAND LOCATED AT 3151 HIGHWAY 6 EAST
FROM COUNTY A1, RURAL (2.59 ACRES) AND
RR-1, RURAL RESIDENTIAL (2.41 ACRES) TO
RM-20, MEDIUM DENSITY MULTI-FAMILY
RESIDENTIAL
WHEREAS, Iowa City Lodge, Number 1096,
Loyal Order of Moose, Inc., owner of a five-acre
tract located south of Highway 6 and east of Heinz
Road, has requested the annexation and rezoning
of the south 2.59 acres of the five-acre tract from
County A1, Rural, to RM-20, Medium Density
Multi-Family Residential, and the rezoning of the
north 2.41 acres of the property from RR-1, Rural
Residential to RM-20; and
WHEREAS, the requested zoning change to
RM-20 is consistent with the zoning designated on
the adjacent property in the corporate limits
immediately west of the five-acre tract; and
WHEREAS, a dub, such as a Moose Lodge,
is allowed to be established by special exception
within a RM-20 zone; and
WHEREAS, Iowa Code Section 414.5 (1997)
provides that the City may impose reasonable
conditions on granting an applicant's rezoning
request, over and above existing regulations, to
satisfy public needs directly caused by the
requested change; and
WHEREAS, the owner acknowledges that
certain conditions and restrictions are reasonable
to ensure appropriate development of a club
within a residential zone; and
WHEREAS, the owner has agreed to develop
this property in accordance with the terms and
conditions of a Conditional Zoning Agreement to
ensure appropriate development of a club that is
compatible in a residential zone.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SFCTION I. APPROVAl. Subject to the terms
and conditions of a conditional zoning agreement
for the subject five-acre property, attached hereto
and incorporated by reference herein, the 2.59
acre portion of the five-acre tract being annexed
into the City and described below, is hereby
reclassified from its present classification of
Ordinance No.
Page 2
County A1, Rural, to RM-20, Medium Density
Multi-Family Residential:
Commencing at the Southeast comer of
the Southeast quarter of Section 24,
Township 79 North, Range 6 West of the
Fifth Principal Meridian; Thence
S88°23'21"W, along the South line of said
Southeast quarter, 1977.38 feet; Thence
N00°17'37"E, along the Southerly
projection of the East line of Lot 2, of
Saddlebrook Addition - Part 1, in
accordance with the plat thereof, recorded
in Plat Book 37, at Page 94, of the
Records of the Johnson County
Recorder's Office, and said East line,
407.91 feet to the Point of Beginning;
Thence N00°17'37"E, 376.31 feet; Thence
S89°42'23"E, 300.00 feet; Thence
S00° 17'37"W, 376.31 feet; Thence
N89°42'23"W, 300.00 feet to the Point of
Beginning. Said tract of land contains 2.59
acres more or less and is subject to
easements and restrictions of record.
Also subject to the terms and conditions of the
Conditional Zoning Agreement for the subject five-
acre property, attached hereto and incorporated
by reference herein, the 2.41 acre north portion of
the five-acre tract that was annexed into the City
in 1980 and described below is hereby
reclassified from its present classification of RR-1,
Rural Residential, to RM-20, Medium Density
Multi-Family Residential:
Commencing at the Southeast comer of
the Southeast quarter of Section 24,
Township 79 North, Range 6 West of the
Fifth Principal Meridian; Thence
S88°23'21"W, along the South line of
said Southeast quarter, 1977.38 feet;
Thence N00° 17'37"E, along the
Southerly projection of the East line of
Lot 2, of Saddlebrook Addition - Part 1,
in accordance with the plat thereof,
recorded in Plat Book 37, at Page 94, of
the Records of the Johnson County
Recorder's Office, and said East line,
784.22 feet to the Point of Beginning;
Thence continuing N00°17'37"E along
said East line, 431.63 feet to the
Northeast corner of said Lot 2 and a
point on the Southerly Right-of-Way line,
of U.S. Highway No. 6; Thence
S61°03'35"E, along said Right-of-Way
line 341.84 feet; Thence S00°17'37"VV,
267.75 feet; Thence N89°42'23"W,
300.00 feet to said Point of Beginning.
'Said tract contains 2.41 acres and is
Ordinance No.
Page 3
subject to easements and restrictions of
record.
SI=CTION II. TONING MAP. The building official is
hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa to
conform to this amendment upon the final
passage, approval, and publication of this
ordinance as provided by law.
SFCTION III. CONDITIONA~ TONING
AGRFFMFNT. Following final passage and
approval of this Ordinance, the Mayor is hereby
authorized to sign, and the City Clerk to attest, the
Conditional Zoning Agreement between the
property owners and the City.
SFCTION IV. CI=RTIFICATION AND
RFCORDING. 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 Conditional Zoning Agreement for
recordation in the Office of the Recorder, Johnson
County, Iowa, at the property owner's expense, all
as provided by law.
SFCTION V. RFPFALFR. All ordinances and
parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
$FCTION VI. SFVI=RARILITY. 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.
SFCTION VII, FFFFCTIVI:: DATF. 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
A'I-I'EST:
CITY CLERK.
~.~...L3 rov~ d ~,,~_~._ ~/
Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "the City"), and the Iowa City Lodge, Number 1096, Loyal Order of
Moose, Inc. (hereinafter referred to as "the Owner").
WHEREAS, the Owner has requested the City to annex and rezone 2.59 acres of property
located south of Highway 6 and east of Heinz Road from the County designation of A1, Rural, to
RM-20, Medium Density Multi-Family Residential, and to rezone 2.41 acres of property located
immediately north of and adjacent to the annexation area from RR-1, Rural Residential, to RM-
20; and
WHEREAS, Iowa Code Section 414.5 (1997) provides that the City of Iowa City may impose
reasonable conditions on granting the Owner's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, a club, such as a Moose Lodge, is allowed to be established by special exception
within a RM-20 zone; and ..
WHEREAS, the Owner acknowledges that certain conditions and restrictions are appropriate to
ensure compatible development of a club within a residential zone; and
WHEREAS, the Owner has agreed to develop the property in accordance with the terms and
conditions of this Conditional Zoning Agreement to ensure appropriate development of a club on
this property that is compatible within a residential zone.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES MADE HEREIN, THE
PARTIES AGREE AS FOLLOWS:
The Owner is the owner and legal title holder of the five-acre property located south of
Highway 6 and east of Heinz Road, which is known as M. L. Subdivision, and is legally
described as follows:
Commencing at the Southeast Corner of the Southeast Quarter of Section 24,
Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence
S88°23'21"W, along the South Line of said Southeast Quarter, 1977.38 feet;
Thence N00°17'37"E, along the Southerly Projection of the East Line of Lot 2, of
Saddlebrook Addition -- Part 1, in accordance with the Plat thereof, Recorded in
Plat Book 37, at page 94, of the Records of the Johnson County Recorders office,
and said East Line, 407.91 feet, to the Point of Beginning; Thence continuing
N00°17'37"E, 807.94 feet, to the Northeast Corner of said Lot 1, and a Point on
the Southwesterly Right-of-Way Line of U.S. Highway No. 6; Thence
S61°03'35"E, along said Right-of-Way Line, 341.84 feet; Thence S00°17'37"W,
644.06 feet; Thence N89°42'23"W, 300.00 feet, to the Point of Beginning. Said
Tract of Land contains 5.00 acres, more or less, and is subject to easements and
restrictions of record.
o
The Owner acknowledges that the City wishes to ensure that the establishment of a club
on the subject property is compatible within a developing residential area of Iowa City.
In consideration of the City' rezoning the subject property from County A1 (2.59 acres) and
RR-1 (2.41 acres) to RM-20, the Owner agrees that development and use of the subject
five-acre property will conform to all requirements of the RM-20 zone as well as the
following conditions:
The Owner entering into an agreement with the City to abandon the force main
connection to the Heinz Road manhole, and construct a gravity sanitary sewer
connection to the Scott Boulevard Trunk Sewer following completion of the Scott
Boulevard Trunk Sewer and within twelve months of the development of the
intervening land between the trunk sewer and the subject property. The Owner will
also agree to provide pre-treatment should the temporary line to Heinz Road
become septic, as determined by the City of Iowa City. The Owner will obtain
appropriate permits from the Iowa Department of Transportation and the City of
Iowa City for use of right-of-way to route the temporary force main through the
Highway 6 and Heinz Road rights-of-way.
Through the execution of a separate Developer's Agreement, the Owner agrees to
pay water main extension fees and sanitary sewer tap-on fees, as required, and
will dedicate a 20-foot wide sidewalk and utility easement along the Highway 6
right-of-way line, and will pay monies equivalent to the cost of constructing a four-
foot wide sidewalk, as an eight-foot wide sidewalk will be constructed by the City in
the future when the sidewalk is extended to the subject property line from the west.
Go
The Owner will obtain the required access permit from the Iowa Department of
Transportation and a curb cut permit from the City of Iowa City prior to constructing
the common access drive off Highway 6. The owner will provide an executed copy
of a common access easement agreement, with the City party to the agreement, to
ensure that said access may be maintained in perpetuity, if necessary.
During site plan review, the Owner will provide a lighting plan and planting plan as
well as building elevations which shall be submitted to the Director of Planning and
Community Development for approval prior to the issuance of any building permit
for the subject property. Decisions of the Director may be appealed to the City
Council after review and recommendation by the Planning and Zoning
Commission.
The additional regulations for clubs, as specified in City Code subsection
14-6L-1E, will apply to any club located on this property under the requested
RM-20 zoning.
The parties acknowledge that the conditions contained herein are reasonable conditions to.
impose on the land under Iowa Code Section 414.5 (1997) and are appropriate conditions
required to ensure an acceptable infrastructure and compatible development in this
developing residential area of the community.
The Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform to 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. Parties further acknowledge that this Agreement shall inure to the benefit of
and bind all successors, representatives, and assigns of the parties. Further, the parties
agree and acknowledge that no private agreement to the contrary shall relieve the property
7.
o
Dated this
OWNER
of the above covenants and obligations, and that any amendment or release of the above
conditions and obligations shall necessarily require the participation of the City.
Nothing in this Agreement shall be construed to relieve the Owner 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 the Owner's expense.
~ day of ,1997.
CITY OF IOWA CITY
William D. Klime, President
Naomi J. Novick, Mayor
Attest:
Keith Garling, Secretary
Marian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 19 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared William D. Klime and
Keith Garling, to me personally known, who, being by me duly sworn, did say that they are the
President and Secretary, respectively, of said Iowa City Lodge, Number 1096, Loyal Order of
Moose, Inc. 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 corporation by authority of its Board of
Directors; and that the said President and Secretary 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
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 Madan 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 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
ppda d n'Vagt/moose.d oc
STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Melody Rockwell
Item: ANN97-0003/REZ97-0017. 4575 Highway 6 SE
Date: October 16, 1997
GENERAL INFORMATION:
Applicant:
Moose Lodge #1096
950 Dover Street
Iowa City, IA 52245
319/356-6921
Contact person:
Maxine Simmons
80 Erobi Lane
Iowa City, IA 52240
319/354-3170
Property owner:
AI Streb
18 Commercial Drive
Iowa City, IA 52246
319/331-0575
Requested action:
Approval of an annexation of 2.59
acres and the rezoning of five acres
(2.59 acres from county A1 to RM-20
and 2.41 acres from city RR-1 to RM-
20)
Purpose:
To allow a Moose Lodge facility to be
constructed and operated in the city
Location:
South of Highway 6 SE, between Heinz
Road and Scott Boulevard
Property size:
5 acres; 2.59 acres in the county and
2.41 acres in the city
Existing land use and zoning:
Farm home, agricultural; RR-1, County
A1
Surrounding land use and zoning:
North - Industrial park; I-1
East - Agricultural; County A1
South - Agricultural; County A1
West - Vacant, manufactured housing
park; RM-20, RFBH
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
Physical characteristics:
Sensitive Areas Ordinance:
BACKGROUND INFORMATION:
Interim Development/Rural Residential
Stormwater Management, Zoning
Chapter/Sensitive Areas Ordinance
September 30, 1997
November 14, 1997
Water was made available to the site in
1980 with the annexation of the north
portion of the property into Iowa City.
Sanitary sewer is available on Heinz
Road with the use of a grinder pump
and force main, and gravity feed sewer
will be available within the next few
years as the Scott Boulevard Trunk
Sewer is constructed south and east of
this property and intervening develop-
ment occurs.
Police and fire protection will be provid-
ed by the city. Refuse collection will
be provided by a private hauler.
Access for this site is on Highway 6.
The land is largely a former farmstead
with trees growing in an informal wind-
break on the west and some evergreen
trees planted along the highway. The
property is relatively flat, and fully
hydric soils are indicated on the south
portion of the property that is now
located in the county.
Due to the fully hydric soils on the
property, the applicant will need to
have a wetlands specialist verify
whether wetlands exist on the
property. At a minimum, a Sensitive
Areas Site Plan is required.
3
Moose Lodge //1096, on behalf of property owner AI Streb, applied in August 1997 to the
Board of Adjustment for a special exception to establish a club on a five acre property in an
RR-1 zone located at 4575 Highway 6 SE. The applicants proposed to build a new Moose
Lodge facility on a property located partially within the Iowa City corporate limits in the RR-1
zone (2.41 acres) and partially on unincorporated Al-zoned land in Johnson County (2.59
acres). The Moose Lodge building, parking and all sewer and water lines were proposed to
be constructed on the north portion of the property that is located within the city, and the
sports fields and a portion of the stormwater management facilities were to be installed on
the south portion of the property that is under county jurisdiction.
As staff evaluated the application, it became clear that having the property split between the
county and the city created difficult legal, logistical and jurisdictional complications. Staff
recommended that the applicant apply for an annexation of the county portion of the
property, and a rezoning of the entire property to Medium Density Multi-Family Residential
(RM-20), which is what the property immediately to the west is zoned. The applicant has
applied for the annexation and rezoning as recommended.
ANALYSIS:
Annexation
The Comprehensive Plan states that petitions for voluntary annexation should be viewed
positively when City ordinances governing zoning and development are adequate to deal with
any unusual conditions that exist in the area proposed for annexation and when 1) the area
under consideration falls within the future service area of the City and sanitary sewer
capacity is presently available, 2) development in the area will fulfill an identified need
without imposing an undue financial burden on the City, or 3) control of development at
entryways to the City is in the City's best interest. The Comprehensive Plan also indicates
that the developers of areas newly annexed into the City will be responsible for all
infrastructure costs, including those normally subsidized by the City, such as collector streets
and oversized utility lines.
Sanitary Sewer. The property under consideration for annexation (the south 2.59 acres of
the five acre property) is located within the City's future sanitary sewer service area.
Sanitary sewer capacity is immediately available on a temporary basis using a grinder pump
and force main to access a sewer line on Heinz Road. The applicant proposes initially to
construct said force main from the Moose Lodge building north to the highway right-of-way,
then west to the Heinz Road right-of-way and south within the Heinz Road right-of-way to an
existing manhole. The Public Works Department has approved this route for the sewer line
on a temporary basis. When the Scott Boulevard Trunk Sewer is completed and land
adjacent to the Moose Lodge is developed, the force main connection to the Heinz Road
manhole will be required to be abandoned, and the Moose Lodge will be under agreement
with the City to construct a gravity sanitary sewer connection to the Scott Boulevard Trunk
Sewer in a timely manner. The applicant has agreed to meet this condition, which staff
recommends be made a condition of the RM-20 zoning approval.
Identified Need. The Moose Lodge proposes to provide a family-oriented club with outdoor
playing fields in the southeast area of the community. The site was purposefully selected,
4
because of its geographic proximity to a large part of the membership of the Moose Lodge,
many of whom reside in southeast Iowa City. The Moose Lodge will likely provide a
supportive, supervised environment to that nearby population for family-oriented recreation,
celebrations and community service events. This facility should prove to be in the public
interest without placing a financial burden on the City. If the Moose Lodge is not
constructed, multi-family residential development or a mix of housing types could be situated
on the property. This would be an extension of the type of development permitted under the
current zoning (RM-20) on the property to the west, and would provide housing in an area
that is closely situated to industrial and commercial job sites.
Entrvwavs. The portion of the property proposed for annexation does not abut the Highway
6 right-of-way, and will not impact entranceway considerations in any way. The Moose
Lodge site plan indicates that the north portion of the property that is adjacent to the
highway has been designed to comply with setback and landscaping requirements, including
the 40-foot front yard setback along Highway 6 and the retention of existing eight to ten-foot
tall evergreen trees in that setback area. As with developments at other entryways, staff
recommends that careful consideration be given to site design. This is discussed in more
detail in the rezoning section below.
Infrastructure. The amount of infrastructure associated with the Moose Lodge development
will be minimal, particularly on the portion of the land that is requested to be annexed into the
City. That portion of the property will contain primarily playing fields and a stormwater
management detention basin. Most of the infrastructure for this site will be located on the
portion of the property that is currently in the city. The applicant will be paying for the cost
of an access drive off Highway 6, the extension of water and sewer lines, and associated
tap-on fees as required, and for half of the eight-foot width of the sidewalk to be constructed
on the south side of the Highway 6 right-of-way.
Traffic. The proposed Comprehensive Plan contains a provision, which was specifically
added by the Planning and Zoning Commission. This provision calls for city staff to evaluate
the traffic impacts an annexation may have on the vehicular capacity of existing arterial
streets. In this case, the traffic generated by the Moose Lodge will have immediate access to
a highway, and should create minimal to no impact on local residential or arterial streets
within residential neighborhoods.
Rezonin~
The requested rezoning for RM-20, Medium Density Multi-Family Residential, for the entire
property is appropriate, in staff's view, in that it is an extension of the urban zoning that is
already in place on the property to the west, and is consistent with the residential designation
for this area in the proposed South District Plan. It is recognized that the Moose Lodge would
be a fairly intense use in a residential area. In approving a special exception to permit a
Moose Lodge on the five acre parcel, the Board of Adjustment on October 8, 1997, set
certain conditions of approval, which are outlined in Attachment 5. The Board understood
that certain conditions involving highway access, sanitary sewer connections, stormwater
management, Sensitive Areas Ordinance requirements and pedestrian access would be more
appropriately handled by the Planning and Zoning Commission and City Council through the
conditional zoning agreement that accompanies the RM-20 rezoning of the property.
Com[~atibilitv. A club, such as the Moose Lodge, is permitted in the RR-1 zone (the current
zoning for the north portion of the property) provided it complies with the additional
regulations that are set forth for clubs in Article L of the Zoning Chapter, including: 1) clubs
shall have access to arterial streets, or to streets with paving wider than twenty eight feet,
and 2) clubs shall meet the following dimensional requirements: a minimum lot area of
40,000 square feet, a minimum front yard of 30 feet [the front yard setback for buildings and
parking areas in residential zones along primary arterial streets, such as Highway 6, is 40
feet], a side yard of 30 feet, a rear yard of 50 feet, parking not closer than 20 feet to a side
or rear lot line, and a maximum floor area ratio of 0.3. A club is also permitted in the RM-20
zone, but is not required to meet any additional regulations.
To enhance the compatibility of the Moose Lodge in an area that is anticipated will develop
residentially in the future, staff recommends that the additional regulations that apply for the
current RR-1 zoning also apply to the entire site under the proposed RM-20 zone. The site
plan for the proposed Moose Lodge shows that the additional regulations concerning access
and dimensional requirements for clubs are met. In addition, the design of the parking area
has landscaped islands as required, as well as appropriate buffering and screening of the
parking area along the side lot lines. Pedestrian connections, such as an eight-foot wide
sidewalk along Highway 6 and interior walkways on the site, should be included for improved
accessibility when this area of the community is more fully developed. Staff recommends
that if the site develops for a non-residential use, such as a Moose Lodge, that site plan
review, including lighting and planting plans, and building design approval by the Director of
Planning and Community Development be required as a condition of the rezoning. This
condition is intended to assure that commercial development of the site will be compatible
within a residential area, and will be an amenity in this entranceway to the city.
Access. In terms of public safety and the means of vehicular access to the property, staff
has raised concerns about the design and length of the common access drive off Highway 6.
Given the type of events that the Moose Lodge sponsors on an almost daily basis, and the
amount of vehicular traffic entering and exiting the site at the beginning and ending times of
those events, there are likely long lines of vehicles queuing up. Staff asked that the common
access drive be lengthened as far south as possible from the highway and also that it be
designed so that safe access for the property to the east will be feasible. The Board of
Adjustment concurred, and conditioned the special exception approval to require that at a
minimum, the common access drive should be brought as far south as possible within the
access easement, with the private access drive to the Moose Lodge parking area teeing
perpendicularly into the common access drive. The applicant has redesigned the common
access drive in conformance with the Board's condition.
Staff continues to recommend that the Moose Lodge work with AI Streb, the current owner
of both properties that share the common access easement, to designate a longer access
easement area, so that the entrance can be designed further to the south, or a second exit
drive can be installed in the future.
The Iowa Department of Transportation (DOT) has issued a statement indicating that it will
permit a common access for the Moose Lodge property and the property to the east at the
northeast corner of the proposed Moose Lodge property and the northwest corner of the
6
property to the east. This access point meets the DOT distance requirements for separation
between access points along Highway 6. Because the property is within the city limits, the
applicant will also need to get a curb cut permit approved by the Iowa City Public Works
Department. The applicant has shown the common access easement on the site plan. Staff
recommends that the applicant provide a signed copy of the common access easement
agreement; with the city party to the agreement.
Excessive Pavinq. Situating the Moose Lodge on a five acre site in a developing area allows
for sufficient on-site parking, and will eliminate the current situation of spillover parking that
is occurring at its existing facility on Dover Street in Iowa City. To minimize unnecessary
paving in a residential area, the Board of Adjustment conditioned the special exception
approval for the Moose Lodge, subject to the condition that the Moose Lodge be allowed to
install up to 110% of the required parking initially (105 parking spaces); and redesign the
parking area to landbank the remaining 49 parking spaces until the applicant is able to
demonstrate that the additional parking is needed. The applicant has revised the site plan to
indicate 104 parking spaces will be installed initially, and 38 parking spaces will be
landbanked for future use, if it is clearly demonstrated that those parking spaces are needed
to prevent spillover parking problems.
Screening. Evergreen screening is shown along the east and west lot lines adjacent to the
parking areas. Staff would encourage the applicant to retain as much of the existing wooded
area and individual mature trees along the west lot line as possible. As residential
development occurs east, south and west of this property, evergreen screening is required
and should prove desirable as a sound buffer around the playing fields as well. This will
lessen the impact of the facility on the neighboring residential properties that are expected to
develop around this property in the future. The Board of Adjustment included a condition for
screening and the timing of its installation in its approval of the special exception.
Stormwater Manaqement. The applicant's engineer has indicated two areas for stormwater
management facilities on the site plan; a smaller pond in the northwest corner of the
property, and a larger pond located in a naturally boggy area of the site, and has submitted
preliminary calculations showing the volume requirements for each stormwater detention
pond. Public Works is in the process of reviewing these documents, and will need to give its
approval prior to site plan approval.
Sensitive Areas Ordinance. The Sensitive Areas Inventory Map - Phase I indicates that there
are fully hydric soils on this property, primarily in the area of the proposed south stormwater
management detention facility and the playing fields. In compliance with the Sensitive Areas
Ordinance, the applicant will need to have a wetlands specialist determine whether the areas
of fully hydric soils are actually wetlands. The applicant may need to have the site plan
redesigned if there are wetland areas greater than one acre in size on the site, or proposed
development activities are not covered by a U.S. Army Corps of Engineers nationwide permit.
If the boggy areas on the site are fully hydric soils that are not wetlands, the ordinance
stipulates that fully hydric soils be treated as environmental assets on the site; to be used for
stormwater detention, wetland enhancement or buffers or protective greenbelts. The
applicant's engineer has already designed the location of the south stormwater basin to
incorporate an area of hydric soils within it. This issue should be resolved prior to the
Planning and Zoning Commission taking action on this application so that the rezoning and
7
site design properly reflect whether or not wetlands exist on the site.
STAFF RECOMMENDATION:
Staff recommends that ANN97-0003, a request to annex the 2.59 acre south portion of the
five acre parcel located at 4575 Highway 6 SE be approved.
Staff recommends that REZ97-0017, a request to rezone the annexation area from county
A1 to RM-20, Medium Density Multi-Family Residential, and to rezone the 2.41 acre north
portion of the five acre parcel located at 4575 Highway 6 SE from RR-1 to RM-20, be
approved, subject to:
1)
The applicant entering into an agreement with the City to abandon the force main
connection to the Heinz Road manhole, and construct a gravity sanitary sewer
connection to the Scott Boulevard Trunk Sewer following completion of the Scott
Boulevard Trunk Sewer and within 12 months of the development of the intervening
land between the trunk sewer and the Moose Lodge property. The applicant will also
agree to provide pre-treatment should the temporary line to Heinz Road become septic.
The will obtain appropriate permits from the Iowa Department of Transportation and
the City of Iowa City for use of right-of-way to route the temporary force main through
Highway 6 and Heinz Road rights-of-way.
2)
The applicant will pay for water line and sanitary sewer line extensions, as required,
and will designate a 20-foot wide sidewalk easement along the Highway 1 right-of-way
line, and will pay monies for a four-foot width of an eight-foot wide sidewalk to be
constructed in the future when sidewalk is extended from the west.
3)
The applicant will obtain the required access permit from the Iowa Department of
Transportation and a curb cut permit from the City of Iowa City prior to constructing
the common access drive off Highway 6. The applicant will provide a signed copy of
the common access easement agreement; with the City party to the agreement.
4)
The applicant will provide a lighting plan and planting plan as well as building elevation
to be approved by the Director of Planning and Community Development prior to
issuance of an occupancy permit for the Moose Lodge. Decisions of the Director may
be appealed to the City Council upon recommendation of the Planning and Zoning
Commission.
DEFICIENCIES:
The revised site plan was submitted in time to be included in the Commission's packet, but
without sufficient time for thorough staff evaluation. Any deficiencies noted will be
presented to the Commission at its informal meeting on October 13, 1997.
ATTACHMENTS:
1. Location Map
2. Site Plan
8
September 24, 1997, Staff Letter to the Applicant
September 29, 1997, Letter of Response from the Applicant
Board of Adjustment October 8, 1997, Action
ppdadmin\stfrep\97-0017
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
CO
0
0
0
Z
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IIJ
<2
0
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Prehm nary and Final Pla[
To Johnson Coun[y, Iowa
~
.-,-, ~.
ANNEXATION RESOLUIlON NO 80-344../
'~ IOWA CiT,r CORPORAlE UUi'rS
LOT ONE
5.00 ACRES
POINT
OF
BEGINNING
N89'42'23"W 300.0~0)
SOUTHREST CORNER
SOUTHEAST QUARTER
S[CTI(~I 24-T79N-R6W
. .~ &e57.2T(R)(bl) -!~L-~ 1977.38'(R)(M)
M '~, IM
1%100'
~CATION MAP NOT TO SCA~
-- CONGRESSIONAL C~NER, FOUND
- PROPERTY C~NERS SET
(5/8' iron Pin w/ LS Cop)
- RIGHT-OF-WAY LINES
- LOT LINES, IN~RNAL
ERR~ OF CLOSURE IS LESS ~AN 1 FOOT IN 20,0~
I c~lfy that ~r~g ~e m~th of ~t~b~. 1996. at thedk~tl~ of S~
and Streb, a ~r~y was mode und~ my ~perdsl~ ofa P~tl~ of the
Ronge 6 West. of the Fifth Pr~c~al M~ldlon. Iowa City.~nson C~nty.
Iowa. the b~n~l~ of ~I~ me desired as f~low*:
5~5'21'W, al~g the ~th Lhe of laid S~theast ~art~, 1977.~ feet;
of S~dlebr~k Addition - Port 1. ~ acc~dance with the Plot th~eof,
Recedes office. and IoId East L~e. ~7.91 feet. to the P~nt of B~hnhg;
Lot~ ~d a Po~t ~ the ~ffiwest~y R~[-of-Woy L~e of U.S. HI.way No.
6; ~ence S61~3'~5"[, d~g laid Rift-of-Way Line. 541.84 feet; ~ce
S~q7'57'W. 6~.~ feet; ~mce NSg'42'23"W, ~.~ feet, to the Poht of
mb~t to ~ts ~d rest~ctl~a of r~d.
I h~y c~tlfy that this plat prepared by me or und~ my direr p~l~
NOIED
SOUTHEAST CORNER
~"PLAT APPROVED BY: · o¢ THE
SOUTHEAST OMAR TIER
~OHN~ON COUI~ BOARD Ole ~UPERVI~OR~: SECllON 24-T79N-R6W
O~ THE FIFTH P.M.
F~ID. 5/8' P~N
HAIRPERSON DATE j
~ · .~ ~ =o Preliminary and Fine! Plat, ~M$ C0~sU~.T~I's, [~c ~
C~ ~ ~ I1'~_ /" Pro)ect role: M ~owo city, ~owo (319) 351-8282 oz
' "~1 Designed Dre~n by: Checked b~ ~
~ ; ~ TO JOHNSON COUNTY, IOWA JEL RLW GOM ~
PER CO. REVI£W<
g:~1000~1057033F 9-19-97 1:23:39 pm EST
242'
City of Iowa City
MEMORANDUM
Date:
November 6, 1997
To:
Planning and Zoning Commission
From:
Melody Rockwell, Associate Planner
Re:
Staff Recommendation on ANN97-0003/REZ97-0017, 4575 Highway 6 SE
Staff recommends that ANN97-0003, a request to annex the 2.59 acre south portion of the
five acre parcel located at 4575 Highway 6 SE be approved.
Staff recommends that REZ97-0017, a request to rezone the annexation area from county
^1 to RM-20, Medium Density Multi-Family Residential, and to rezone the 2.41 acre north
portion of the five acre parcel located at 4575 Highway 6 SE from RR-1 to RM-20, be
approved, subject to:
1)
The applicant entering into an agreement with the City to abandon the force main
connection to the Heinz Road manhole, and construct a gravity sanitary sewer
connection to the Scott Boulevard Trunk Sewer following completion of the Scott
Boulevard Trunk Sewer and within 12 months of the development of the intervening
land between the trunk sewer and the Moose Lodge property. The applicant will
also agree to provide pre-treatment should the temporary line to Heinz Road become
septic. The applicant will obtain appropriate permits from the Iowa Department of
Transportation and the City of Iowa City for use of right-of-way to route the
temporary force main through the Highway 6 and Heinz Road rights-of-way.
2)
The applicant will pay for water line and sanitary sewer line extensions, as required,
and will designate a 20-foot wide sidewalk easement along the Highway 6 right-of-
way line, and will pay monies for a four-foot width of an eight-foot wide sidewalk
to be constructed in the future when sidewalk is extended from the west.
3)
The applicant will obtain the required access permit from the Iowa Department of
Transportation and a curb cut permit from the City of Iowa City prior to constructing
the common access drive off Highway 6. The applicant will provide a signed copy
of the common access easement agreement; with the City party to the agreement.
4)
The applicant will provide a lighting plan and planting plan as well as building
elevations to be approved by the Director of Planning and Community Development
prior to issuance of an occupancy permit for the Moose Lodge. Decisions of the
Director may be appealed to the City Council upon recommendation of the Planning
and Zoning Commission.
5)
The additional regulations for clubs, as specified in City Code subsection 14-6L-1E,
will apply to any club located on this property under the requested RM-20 zoning.
NOTICE OF PUBLIC HEARING
Notice is hereby given that public hearings
will be held by the City Council of Iowa City,
Iowa, at 7:00 p.m. on the 9th day of
December, 1997, in the Civic Center Council
Chambers, 410 E. Washington Street, Iowa
City, Iowa; at which hearing the Council will
consider the following items:
1. A resolution approving the annexation of a
2.59 acre tract located at 4575 Highway 6
SE.
2. An ordinance amending the Zoning Chapter
by changing the zoning designation for a
five acre tract located at 4575 Highway 6
SE from County Rural (A1) (2.59 acres)
and Rural Residential (RR-1) (2.41 acres) to
RM-20, Medium Density Multi-Family
Residential.
yordinance amending the Zoning Chapter
amending Title 14, Chapter 6,
"Zoning," Article B, "Zoning Definitions,"
Section 2, by changing the definition of
Transient Housing to increase the number
of days persons are able to stay as
temporary residents.
Copies of the proposed ordinances and
resolutions 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/nph-1209.doc
Clll
Prepared by: Scott G. Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
CHAPTER BY AMENDING TITLE 14, CHAPTER
6, "ZONING," ARTICLE B, "ZONING
DEFINITIONS," SECTION 2, BY CHANGING
THE DEFINITION OF TRANSIENT HOUSING
TO INCREASE THE NUMBER OF DAYS
PERSONS ARE ABLE TO STAY AS
TEMPORARY RESIDENTS.
WHEREAS, the current definition of Transient
Housing provides for the establishment of
temporary housing facilities for individuals in need
of temporary shelter while searching for
permanent housing; and
WHEREAS, it has been demonstrated that the
current 10-day length of stay limitation contained
in the definition does not provide adequate time
for many individuals in need of shelter to find
permanent housing; and
WHEREAS, the Planning & Zoning Commission
and City staff have recommended that the
maximum length of stay limitation contained in the
definition of Transient Housing be increased from
10 to 90 days to allow adequate time for
individuals to secure permanent housing and to
more closely reflect the programs of the existing
transient housing facilities located within the City.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
SECTION I. AMENDMENT. Title 14, Chapter 6,
"Zoning," Article B, "Zoning Definitions," Section 2
of the City Code be hereby amended by repealing
the definition of"Transient Housing" and adding a
new definition to read as follows:
TRANSIENT HOUSING: A structure owned and
operated by a non-profit organization, as
defined by Section 501(c)(3) of the Internal
Revenue Code, as amended, providing a
temporary residence, for a period of not more
than ninety (90) days, for persons in need of
emergency shelter and temporarily unable to
pay for housing.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the
Ordinance No.
Page 2
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
A'I-rEST:
CITY CLERK
ppdad min\tran sien.0oc
Prepared by: Scott G. Kugler,
,,
Planner, 410 E. Washington Street, Iowa City, IA 522~; 319-356-5243
/
ORDINANCE NO. /'
AN
6,
THE DE
TO IN(
PERSONS
.~E AMENDING THE ZONII
BY AMENDING TITLE 14,
~NING," ARTICLE B,
INS," SECTION 2, BY
lITION OF TRANSIENT H~ JSlNG
THE NUMBER O DAYS
ABLE TO AS
WHEREAS current definiti of Transient
Housing for the .~nt of
temporary housin! for in need
of temporary searching for
permanent housing;
WHEREAS, it has emonstrated that the
current 10-day length limitation contained
in the definition does n adequate time
for many individuals of shelter to find
permanent housing;
WHEREAS, the & Zoning Commission
and City staff that the
maximum length stay contained in the
definition of Tra~ be increased from
10 to 90 to allow uate time for
individuals to housing and to
more the of the existing
transient h, facilities the City.
NOW,
THE CI'~
CITY,
SECTI
"Zoni ;~," Article B, "Zoning Definitioni
of City Code be hereby amended b
of "Transient Housing"
n, definition to read as follows:
)RE, BE IT RDAINED BY
COUNCIL OF THE OF IOWA
THAT:
I. AMENDMENT. Title Chapter 6,
Section 2
repealing
a
and
operated by a non-profit ore. as
defined by Section 501(c)(3) of the rnal
Revenue Code, as amended, a
temporary residence, for a period of not
then ton (10) days ninety (90) days, for
in need of emergency shelter and temporarily
unable to pay for housing.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the
Ordinance No.
Page 2
provisions of
repealed.
SECTION III.
provision or part of the Ordinance shall
adjudged to be invalid or unconstitutional, s~
adjudication shall not affect the validity
Ordinance as a whole or any section, or
part thereof not adjudged inval or
u n_~___.~ns~nal.
SECTION IV. EFFECTIVE This
Ordinance shall be in effect after its fin; ;le,
approval and publication, as provided flaw.
Passed and approved this day of
,19
this Ordinance are hereby
SEVERABILITY. If any section
~°proved.b.~
City
ppdadmin\transien.doc
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 31, 1997 (for November 6 meeting)
Planning and Zoning Commission
Scott Kugler, Associate Planner
Proposed Code Amendments Relative to Transient Housing Facilities
Earlier this year, the Commission received a request from the Domestic Violence
Intervention Program (DVlP) to amend the City's transient housing regulations to increase
the permitted length of stay for residents from the current limit of 10 days. No specific
time period was suggested, but the letter from DVIP indicates that the average length of
stay at its facility varies from 15 to 20 days, and its policy has been to allow stays of 30
t,o 90 days depending on the needs of the individual. In addition, DVlP wishes to use some
of its bedrooms as longer term transitional housing units for single women with no children,
with a possible length of stay of one year or more. The Zoning Chapter currently does not
contain a definition for "transitional housing."
Upon receiving this request, the Commission placed consideration of these two items on its
pending list, and directed staff to research the issues and provide recommendations for
possible amendments to the Zoning Chapter. The following is staff's analysis of both
issues.
Length of Stay Limitations for Transient Housing: The definition of transient housing
contained in the Zoning Chapter reads as follows:
A structure owned and operated by a nonprofit organization, as defined by section
501 (c)(3) of the Internal Revenue Code, as amended, providing a temporary
residence, for a period of not more than ten (10) days, for persons in need of
emergency shelter and temporarily unable to pay for housing.
Although staff has been unable to locate a file containing specific information about the
circumstances that led to the adoption of this definition, it was apparently done to allow
the Emergency Housing Project (EHP) facility to open up on N. Gilbert Street in the early
1980s. According to a City staff member who was with the City when the amendment
occurred, and others aware of the situation at the time, the original intent was to provide a
place of shelter for transients who may have been passing through the city temporarily and
could not find or afford housing (perhaps with family or relatives at one of the hospitals).
The focus of the EHP appears to have changed since then, and has become more of a
shelter for the homeless. Although it may not have been originally intended to allow a
homeless shelter, the definition clearly permits this to occur. The EHP and the DVIP are
the only two Iowa City facilities that staff is aware of that are permitted under the
"transient housing" definition. Other facilities that may provide similar or related services
2
are defined or classified differently under another use category, such as a group home or a
rooming house.
Because the stay limitation is contained within the definition, it is in place for all transient
housing facilities, regardless of their location or zone. The time limitation was apparently
established to ensure that the facility would be available for transient individuals, and did
not become long term shelter of several weeks or months for individuals. However,
representatives from both facilities currently permitted under this definition indicate that
the 10-day limit is not practical. It is currently the policy of both facilities to allow stays of
no longer than 90 days. Someone entering a transient housing facility may need time to
find employment or permanent housing, seek counseling, or simply time to save money for
a security deposit or down-payment. Staff feels that it is not reasonable to expect
individuals to address these problems within the 10-day limit, as evidenced by the fact that
both existing facilities appear to routinely exceed this limit.
Staff has received information through the American Planning Association (APA) and has
surveyed other cities in Iowa to get information on length of stay requirements for shelter
facilities. Of those cities studied, length of stay requirements vary depending on how a
facility is classified or defined, but in most cases, no maximum length of stay is specified.
None of the Iowa cities contacted enforce a maximum length of stay through their zoning
regulations. A few of the communities outside of Iowa have such limitations, and often
differentiate between overnight or inclement weather shelters (single night occupancy),
homeless or emergency shelters, and transitional housing, and have different length of stay
limitations for each. For those codes specifying a length of stay, "homeless shelters" or
"emergency shelters" are often allowed to accommodate stays of up to 30 days (White
Plains, NY allows one 30 day extension), while one allows for stays of up to six months
(Albuquerque, NM). In some cases, licensing is required and the length of stay is
determined through the licensing process. Staff did not find a length of stay requirement
similar to Iowa City's 10 day limitation.
One argument for having a length of stay limitation is to avoid someone establishing a
rooming house or other residential facility under the transient housing definition within a
zone that otherwise would not permit such a residential use. A transient housing facility is
also permitted a higher density than a rooming house. With no length of stay limitation it
would be difficult to differentiate between the two uses. With a length of stay limitation,
the City would be able to force the termination of such a use if it could be proven that the
use does not meet the definition of a transient housing facility.
It is staff's opinion that the maximum length of stay permitted within a transient housing
facility should be increased to a more reasonable limit, although care should be taken to
ensure that the limit is not an arbitrary one. Residents of a facility such as DVlP generally
require more than 10 days to establish permanent residences. DVlP reports that the
average length of stay is 15 to 20 days, and in some cases individuals stay as long as 90
days. Permitting a length of stay of 90 days would allow temporary residents time to
make arrangements for permanent housing, but would make it clear that such facilities are
not intended to serve as permanent housing.
3
STAFF RECOMMENDATION:
Staff recommends that the definition of Transient Housing be revised as follows:
A structure owned and operated by a nonprofit organization, as defined by section
501 (c)(3) of the Internal Revenue Code, as amended, providing a temporary
residence, for a period of not more than ten (10) days ninety (90) days, for persons
in need of emergency shelter and temporarily unable to pay for housing.
Request for Approval of Transitional Housing Units: In many of the City's commercial
zones, dwellings are permitted by special exception when they are located above a
principle use permitted in that zone. It was initially determined that in the case of DVlP,
whose facility is located within the C1-1 zone, dwellings could not be located within the
facility and be in compliance with the Zoning Chapter. Transient housing is not a permitted
use within the C1-1 zone, but rather it requires a special exception. Therefore, it was
determined that dwellings could not be located above unless the Zoning Chapter was
amended. However, in further studying this issue, staff has determined that the wording
"a use permitted in this zone" was intended to apply not only to permitted uses, but also
those uses permitted as provisional uses or by special exception. Once something is
determined to be allowed to locate on a property, by whatever means, it is "a use
permitted in this zone."
Therefore, under this interpretation of the Zoning Chapter, DVIP can request a special
exception to allow dwellings to be located above the first floor of its transient housing
facility. Although these may not be planned to be typical apartment units, the term
dwelling applies to rooming units as well, and, if the special exception is granted, would
allow the transitional units being proposed. The Board of Adjustment does have the
authority to approve or deny a special exception request based on the special exception
standards and whether or not it feels the public interest will be compromised.
It is staff's opinion that amendments to the Zoning Chapter regarding transitional housing
facilities are not needed at this time.
ATTACHMENTS:
February 25, 1997 letter from DVIP requesting amendments to the transient housing
regulations.
Approved by.'
Robert Miklo, Senior Planner
Department of Planning and
Community Development
DVIP
Domestic
Violence
Intervention
Program
p.o. box 3170
iowa city, iowa
52244
24 hour hotlines
(319) 351-1043
or
1-800-373-1043
business line
(319) 35 ! - 1042
administrative
(319) 354-7840
United Way Age~
February 25, 1997
George Starr
Planning and Zoning/
City Council Members
Civic Center
410 E. Washington
Iowa City, IA 52245
Dear Mr. Starr and Members of the City Council,
I am writing today to make the Planning and Zoning Committee
aware of one of the city ordinances that conflicts with the
Domestic Violence Intervention Programs (DVlP) services. It has
come to our attention that one of the ordinances allows only
10days of stay in an emergency shelter.
DVIP has been a non-profit organization since 1978, sheltering
upwards of 500 women and children each year who come from
violent homes, marriages and relationships. It has been the
policy of DVIP that the length of stay vary from 30 to 90 days
depending on individual needs for medical care, legal
assistance, permanent housing, counseling, or other identified
services. Our average length of stay varies from 15 to 20 days.
This of course indicates that DVIP has not been in compliance
with the city ordinance since the beginning of the shelter's
existence.
We found that we were not in compliance as we looked to
expanding our services to transitional housing. It was our hope to
utilize three to five of the fifteen shelter bedrooms as transitional
housing for single women with no children who have been
affected by domestic violence. After discussing this concept
with Steve Nasby and Maurice in the Planning Department, they
discovered the ten day length of stay ordinance.
At this time we are asking the planning and Zoning Committee to take a look
at this ordinance and more specifically to change the ordinance to meet the.
needs of this agency, other shelter type programs, and the community.
As DVIP is an emergency shelter for battered women, a ten day stay would
hinder any safety measures for women escaping particularly dangerous
relationships in which their very lives have been threatened. Getting a no-
contact order, hiring an attorney, or getting law enforcement involved would
take longer than the ten days we are allowed to shelter women and their
children.
We appreciate any expedient measures that can be taken to look into these
matters: 1) amending the Planning and Zoning ordinance to permit a longer
stay, and 2) DVIP's desire to expand it's services for future need of transitional
housing for domestic violence victims who are single with no children.
If you have any questions in these two matters please feel free to call me. I
can be reached at 319-354-7840.
Respectfully, ) ,/
Cris Kinkead, Executive Director
Domestic Violence Intervention Program
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 21st day of October, 1997, in
the Civic Center Council Chambers, 410 E.
Washington Street, Iowa City, Iowa; at which
hearing the Council will consider the following
item:
1. A resolution adopting to 1997 Comprehensive
Plan as a statement of the goals and policies
of the community. The proposed
Comprehensive Plan also includes the Iowa
City Historic Preservation Plan, the JCCOG
ArteriaJ Street Plan, the Iowa City Economic
Dev~ent Policies and the South District
Plan. The South District Plan contains policies
specific to the area south of Highway 6, east
of the Iowa River and the unincorporated area
within Iowa City's long range growth
boundaries.
Copies of the proposed resolution and Plan 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-mer~oned time and place.
MARIAN K. KARR, CITY CLERK
//
November 14, 1997
SOUTHGATE DEVELOPMENT
325 E. Washington
P.O. Box 1907
Iowa City, IA 52244-1907
PH'. (319) 337-4195
FAX: (319) 337-9823
CITY MAN/ G[it'S OFF[C[
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
Dear Mayor and City Council:
We have reviewed the South District Plan and share much of the overall vision for the
District. However, we feel the recommendation to fezone the area along Gilbert Street
between the river and the railroad tracks to CC2 is premature. If South Gilbert Street
becomes an entrance into the City, and related traffic counts warrant, CC2 might be
considered as an appropriate zone. Until that titne, CI1 better fits the current development
trends and market demands for the area.
Sincerely,
Harry R. Wolf
Vice President
HRW/ssd
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
December 9, 1997
City Council
Karin Franklin, Director,~~LA~
1997 Comprehensive Plan
REVISED
Rather than amend the text of the Plan at this point, I will be providing you a continuing
memorandum that will outline the changes that have been discussed and resolved to date. As
you review these changes, if there are any that you do not believe the Council reached through
consensus, please raise those issues at the next meeting. Upon completion of the work
sessions and with agreement of the Council, this memo may then be referenced prior to your
closing of the public hearing. I have not included editorial changes in this list. As soon as you
close the public hearing, we will make the amendments to the original text and reprint the plan.
Amendments from the November 3, 1997 and November 19 work session:
· Page 13, #3--Delete last sentence of paragraph and insert:
In the future, efforts will be made on the part of the City Council to use the Capital
Improvements Program to guide more effectively the location and timing of growth in the
community through an annual review and prioritization of the CIP prior to the budget
process.
· Page 23mDelete the last sentence of the first paragraph and insert the following:
The area east of Scott Boulevard was annexed for industrial development in 1997; the area
near the airport requires annexation at some point in the future.
Strategies:
· Page 29--Add to last paragraph:
Each of the strategies will require investigation as to their feasibility and practicality. Some
will require working with other jurisdictions and community organizations. An Action Plan will
be developed annually to pursue the various strategies. As the feasibility and
appropriateness of a strategy are evaluated, that strategy may be modified, deleted, or
replaced with a strategy that more successfully achieves the goal.
· Page 31 - Cooperative Efforts
Goal I add:
Worldwide Web & Internet
Strategy 2
Cable TV local access and electronic kiosks
1997 Comprehensive Plan
December 9, 1997
Page 2
Goal 2 add:
Promote regional cooperative efforts in the areas of disaster planning and public safety.
Goal 3 add:
Consider regional transportation systems
Goal 4 add:
Iowa City Community School District
Goal 5 add:
Include ECICOG, as appropriate
Create regional community task forces to study issues such as the Iowa City - Cedar
Rapids Corridor.
· Page 33 -Arts, Culture, and Human Development
Goal 1, Strategy 1:
Expand the public library consistent with the goals of the Iowa City Public Library's Strategic
Plan.
Goal 1, Strategy 3:
Work with the Iowa City Community School District to include public recreational facilities
and meeting areas in new schools.
Goal 2, Strategy 1:
Promote public art, culture or human development components in the redevelopment plans
for Parcel 64-1a, the last urban renewal parcel.
Goal 2, Strategy 2:
Allocate a minimum of $100,000 annually for public art.
Goal 4, Strategy 1:
Consider a funding strategy to provide financial assistance to local arts, culture, and human
development activities sponsored by non-profit groups.
Goal 4, Strategy 2:
Ensure that, facilities used for arts, culture and human development activities are fully
accessible according to the requirements of the Americans with Disabilities Act at a
minimum.
Add Goal 6: Preserve and protect the human rights of all the people of Iowa City.
Strategy: Maintain support for the Human Rights Office and the Human Rights
Commission.
Periodically provide human rights sensitivity training for all City employees.
Make available human rights awareness materials to employers, businesses,
schools, and the public.
1997 Comprehensive Plan
December 9, 1997
Page 3
Provide public forums which focus on issues related to discrimination and the
law.
· Page 35- Economic Well-Being
Goal 2, Strategy 2
Identify work force skills required by targeted industries and identify education and training
needs and resources such as the Region 10 Workforce Development Board.
Goal 2 add:
Encourage small businesses as employment opportunities for the available labor force.
Goal 5 add:
Encourage the creative reuse of existing commercial sites that are vacant or under utilized.
Goal 6 add:
Provide for and facilitate the timely review by the City Council of requests for financial
incentives.
· Page 37- Environment Protection
Goal 2 add:
Promote regional storm water management systems.
Reevaluate floodplain management ordinance.
Goal 7 add:
Revise Goal statement to read: Maintain the integrity of scenic and historic vistas...
Reevaluate lighting performance standards for glare.
· Page 39-Housing
Goal 1:
Revise Goal statement to delete "for populations with".
Strategy 4
Support programs that allow senior citizens to stay in their homes and projects that
provide group living options for seniors.
Strategy 5
Fund programs that assist lower income households with housing, which may include
public housing, the rental assistance certificate and voucher programs, and housing
provided by private non-profit groups.
Strategy 6
Identify and eliminate barriers to affordable and accessible housing.
Goal 4 add:
Review existing codes for consistency with the goal to provide safe housing, reevaluating
provisions which have no apparent basis in safety.
1997 Comprehensive Plan
December 9, 1997
Page 4
Update codes to accommodate the use of new technology and new construction
techniques.
· Page 41 - Land Use and Urban PaEern
Goal 4, Strategy 2
Work with the business community on strategies to keep downtown commercially viable.
Goal 4, Strategy 3
Promote growth downtown consistent with the Near Southside Development Plan.
Goal 6, Strategy 2
Promote a mix of housing styles within neighborhoods, including compatible infill
development through neighborhood conservation districts and other measures; and zone
parcels in advance of development.
· Page 45- Public Safety
Add Goal: Continue to emphasize crime prevention in the mission of the Police
Department.
Strategies
Increase number of neighborhood watch groups and sustain existing watches.
Solicit input from neighborhood watch groups for setting department priorities in crime
prevention activities.
Train additional officers to recognize gang-related signs and activities.
Maintain police identity in neighborhoods and police presence in high activity areas,
such as the downtown.
Goal 1, Strategy I delete "and DARE."
Goal 1, Strategy 2
Seek and maintain cooperative relationships with other City
agencies promoting public safety, including the University of Iowa.
departments and other
Goal 2 add:
Closely coordinate emergency services with other government agencies.
Goal 8 delete "future".
· Page 47- Social Services
Goals 1, 2, 3, 5, 6: Add the verbs promote, encourage, ensure, initiate and promote,
respectively to the goal statements.
Goal 4, Strategy 1
Work with JCCOG and agencies that offer services to exchange information and ideas,
review new regulations, discuss issues and concerns.
Goal 7 change "Consideration of" to "Consider".
1997 Comprehensive Plan
December 9, 1997
Page 5
· Page 49- Transportation
Vision Statement: Revise second sentence to read "This is a system which will
accommodate all forms of mobility in the community."
Goal 2, Strategy 4
Provide separate trails where appropriate; complete a network of trails including the Iowa
River Corridor Trail.
Goal 2, Strategy 3 add: "where appropriate"
Goal 3, Strategy 2
Ensure adequate levels of transit service during a.m. and p.m. peak travel periods.
Goal 3 - Add:
Create innovative ideas to increase ridership.
Continue aggressive marketing campaign.
Support efforts to secure Amtrak rail service in the central Iowa corridor.
Planning Districts
· Page 80 - South Central Planning District--Add to Open Space paragraph:
The Neighborhood Open Space Plan should be amended to consider open space for
existing and future residential development in this area.
· Pages 89 and 90 - Southeast Planning District--Update text regarding annexation of Scott-
Six Industrial Park.
South Planning District
· Page 7--Amend reference to accessible apartments above commercial uses.
Encourage inclusion of accessible apartments in the neighborhood commercial centers.
· Page 12--Add to the last sentence of the last paragraph:
...and along Highway 6.
cc: Planning and Zoning Commission
City Manager
Jeff Davidson
Bob Miklo
ppdadmin/mem~compplan doc