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HomeMy WebLinkAbout2004-08-03 Ordinance City of Iowa City MEMORANDUM TO: Planning and Zoning Commission FROM: Shelley McCafferty, Associate Planner DATE: June 10, 2004 RE: REZ04-00012, 500-522 S. Gilbert Street At the June 3 meeting of the Planning and Zoning Commission, you requested that staff provide additional information regarding the rezoning of 500-520 S. Gilbert Street from CC- 2, Community Commercial to RM-44, High Density Multifamily Residential. Access: The Transportation Planner feels that one access to the property may be provided from Gilbert Street. This access should be located near the Ralston Creek bridge, but could be located further south than the existing driveway. When Gilbert Street is improved, the new left-hand turn lane should be located such that it may be used by vehicles turning into this driveway. In addition to direct access from Gilbert Street, the property will have a second means of access from the alley that intersects with Bowery Street. The applicant has stated that the topography limits the access to the site and therefore viability for commercial development. The Director of Public Works has reviewed the site and concurs with the rest of staff that there is not any reason that this site can not be designed and engineered to accommodate commercial development. Topographically, the site falls approximately four feet from the alley to Gilbert Street. The applicant has estimated that the driveway access would have a grade of at least 20%. Staff does not agree with this estimate. We calculate that even after the 8 feet of land is obtained from this property for the Gilbert Street right-of-way, a driveway slope of approximately 3% can be achieved. This is a reasonable grade for a commercial driveway. Near Southside Parking Facility District: The Commission asked if the Parking Facility District could be expanded to include this property. This district is roughly bounded by Burlington Street on the north, Gilbert Street on the west, the Iowa Interstate Railway Main Line on the south and Madison Street on the south. The purpose of the district is to ensure that residential development bears a sufficient proportion of the capital improvement costs necessary to meet the parking needs in this district when it develops. The future parking ramps planned for the Near Southside will be located towards the west edge of the district. In order for the ramps to support residential parking needs, said development must be sufficiently close and accessible to the ramps. The distance of the properties on the east side of Gilbert Street and the difficulty of crossing Gilbert Street for pedestrians, makes it impractical for the proposed development to use these ramps. Therefore, in staff's opinion this property should not be included within the Near Southside Parking Facility District. Development Options: To date, Mr. Clark has presented the Planning and Zoning Commission with two different development scenarios. Both of these scenarios develop the property with four-bedroom apartments. The applicant has stated that a two level parking structure is necessary to allow this property to develop. Staff does not concur with this assessment and feels it would be possible to develop this property with commercial buildings or a mixed-use commercial/residential building. However, the intensity of residential use compared to what Mr. Clark is proposing would have to be reduced. Other potential development scenarios that would comply with the current zoning and Comprehensive Plan are: June 10, 2004 Page 2 1. One or more stories of commercial space with surface parking. The Clark property could accommodate 10,000 to 12,000 square feet of commercial space. 2. Ground level commercial, one to three bedroom apartments above with below grade and surface parking may be developed on this property. In the current market, these development scenarios may not be as lucrative as the development that the applicant has proposed. However, the current market should not preclude development that is in the long-term best interest of the Gilbert Street corridor. For comparison to the Clark properly, staff has collected information about properties that are located in the Gilbert Street corridor, which are similar in size or even smaller than the Clark property (see table below). These properties contain a variety of viable businesses and some contain residential uses on the upper floor(s). These properties illustrate that this property could be developed with uses that are consistent with the Comprehensive Plan and current zoning and that a parking structure is not necessary for development along Gilbert Street. Gilbert Street Development Properties Approximate Gross building Lot area building footp~nt Paved area Dw~ling ~ddress Business Name (sq.fl.t area (s~.ff.I (s~.ft.) (s~.ft.) Use units Bedrooms 324 S. Gilbert Aoshe, etc 30,600 18,483 6,161 17,000 mixed 12 20 316 S. Gilbert Steve's Typew~tar, etc 28,600 7,448 4,392 7,000 mixed 4 305 S. Gilbert Saddleb~ook Center 19,321 2,618 2,618 4,250 commercial 910 S. Gilbert Varsity Ctaanecs 18,480 6,146 6,146 11,000 co~'~meralal 934 S. Gilbert Mulford Plumbing, McDonald Chiro, etc 20,800 8,477 8,477 10,000 commerdal 301 Kirkwobe Ave. All Pets Vet Clinic 22,400 5,764 5,764 8,400 cornmerdal 1210 S. Gilbert ~al Spice, State Farm, etc 31,200 10,400 10,400 16,000 commercial 1402 S. Gilbert Los Portales 35,237 5,500 5,500 23,500 commerdal 1548 S. Gilbert River City Prop. Mgmt., KJH Taxes, otc 24,478 7,976 4,984 14,000 mixed 320 E. Benton St. Jimm), Johns, Saw7 Boutique, etc 12,790 6,128 2,970 7,900 mixed 500-520 S. Gilbert Subject Property -38000 Land Use: The current CC-2 zoning permits the development of this property for commercial use. This use is consistent with the Comprehensive Plan Land Use Map and policies. It is also consistent with the existing development pattern of S. Gilbert Street. Staff feels that this area will be viable for commercial use for the following reasons: 1. Located along an arterial street with high traffic volume and high visibility; 2. Located adjacent to an area with dense population and opportunity for walk-in customers; 3. Other commercial development on Gilbert Street is currently viable; 4. Existing businesses on this property and across the street successfully receive deliveries and not all commercial uses require deliveries by semi trucks 5. New buildings may be constructed to be even more conducive to commercial businesses then existing buildings by having taller ceilings, large street windows, high quality materials and well designed storefronts and signage; 6. Given current develop in the downtown area, the population will likely increase and there will be greater demand for commercial in the future. Given that this is an area that has already been platted and developed, the policies and land use map of the Comprehensive Plan are quite specific regarding the redevelopment of this June 10, 2004 Page 3 existing commercial property. Although the applicant may argue that at this time there is no market demand for commercial in this area, the purpose of having a Comprehensive Plan is to ensure that in the long term, the development pattern of property in Iowa City is most conducive to the City's future economic well-being, function and quality of life. Staff Recommendation: Staff recommends that REZ04-00012, an application from James A. Clark to amend the Comprehensive Plan and for a rezoning from CC-2, Community Commercial, to RM-44, High Density Multifamily Residential on approximately 1.34 acres located on the east side of Gilbert Street between Burlington and Gilbert Streets be denied. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: REZ04-00012 Date: June 3, 2004 GENERAL INFORMATION: Applicant: James A. Clark 414 E. Market Street Iowa City, IA 52245 Requested Action: Rezoning from CC-2, Community Commercial to RM-44, High Density Multifamily Residential Purpose: To allow development of multifamily dwellings Location: East side of Gilbert Street between Burlington and Bowery Streets Size: 1.34 acres Existing Land Use and Zoning: Commercial, residential; CC-2 Surrounding Land Use and Zoning: North: RM-44, High Density Multifamily Residential South: CC-2, Community Commercial East: RM-44, High Density Multifamily Residential West: CB-5, Central Business District Support Comprehensive Plan: Mixed-use, General Commercial File Date: May 13, 2004 45 Day Limitation Period: June 27, 2004 BACKGROUND INFORMATION: The applicant, James A. Clark, is requesting the rezoning of approximately 1.34 acres from CC-2, Community Commercial, to RM-44, High Density Multifamily Residential. The area under consideration is on the east side S. Gilbert Street between Ralston Creek and Bowery Street and includes 500-506, 516 and 520-22 S. Gilbert Street. Total, there are three lots two of which have commercial uses in single-story buildings. The third lot has a 1910 two-story rental house. Two of these properties are either owned by the applicant, or acquisition is being negotiated. Mr. Clark intends to redevelop these lots with high density residential dwelling units. The applicant previously submitted an application requesting the rezoning of this area to CB-5, Central Business Support. In the CB-5 zone, off street parking is not required because all of the existing CB-5 zones are located within the Near Southside parking impact fee district, in this district, developers pay a fee towards the construction of public parking facilities and are relieved from providing some required parking on their property. However, the property under consideration is outside this area and there was concern that sufficient off-street parking be provided. Therefore, it was determined that the parking requirements for this property should be equivalent to the requirements of the CC-2 zone. Subsequently, the application was withdrawn. ANALYSIS: This property is located within the Downtown Planning District. The Comprehensive Plan Landuse Map indicates specifically that the property under consideration should be used for general commercial uses. This rezoning would deviate substantially from the Landuse Map and policies of the Comprehensive Plan. Therefore, prior to consideration of the requested rezoning, it must first be determined if there is any compelling reason to deviate from the current plan. The applicant has requested that the Comprehensive Plan be amended to change the land use designation of this property from general commercial to high-density multifamily residential. To consider an amendment of the Comprehensive Plan, the State Code requires that the Commission give notice and then hold a public hearing before making a decision. The agenda includes setting a public hearing on an amendment to the Comprehensive Plan for June 17. Although the Comprehensive Plan may be discussed in the context of the proposed rezoning, Commissioners should refrain from making a decision regarding the amendment until after the pubic hearing. The applicant has presented a number of reasons that, in his opinion, the Comprehensive Plan should be amended and this property rezoned to RM-44 to allow high density multifamily use on this property rather than general commemial, for which it is currently zoned. His statement outlining these reasons is attached. Comprehensive Plan Amendment Economic Well-being: For the purpose of assuring a healthy economy for Iowa City, the Comprehensive Plan recommends the redevelopment and reuse of downtown and existing commercial corridors. The plan also encourages the creative reuse of existing commercial sites that are vacant or underutilized, thus discouraging sprawl and commercial development that is less accessible to pedestrians, bicycles and areas with higher density development. Gilbert Street, where the property under consideration is located, is a major commercial corridor and entranceway into Iowa City. The commercial corridor extends from Bloomington Street to Napoleon Park and only a few properties along this corridor have only residential use. The vast majority of the property along Gilbert Street has commercial, mixed or institutional uses. A large new mixed-use building is currently being developed at the corner of Gilbert and Kirkwood Avenue and the City encourages additional redevelopment of the underutilized property along Gilbert Street. Gilbert Street is also a four-lane arterial street with Average Daily Traffic volume of approximately 20,000 vehicles per day. Property located along Gilbert Street is highly visible to the public, which is desirable for successful commercial use. There are currently three one- story commercial buildings located on this property, which, despite their semi-industrial appearance and poor vehicular accessibility, continue to be occupied. Future capital improvement plans call for Gilbert Street to be widened and a south-bound left-hand turn lane added at the intersection with Bowery Street. Redevelopment of this area for commercial or mixed-use buildings, with the ground level floor designed in a manner that is conducive to commercial, with better parking options and access, should only improve opportunities for new and existing businesses along this corridor. Also relative to economics, the Comprehensive Plan states that the character of downtown should be protected and a strong, accessible downtown should be maintained as a pedestrian- oriented, commercial and residential center. Commercial zoning, either as CC-2 and CB-5 requires commercial on the ground level as a primary use, but also allows for upper level residential. The ground level commercial is essential to meeting the goals of the Comprehensive Plan. Pedestrian interest and activity gives downtown vitality and makes it a viable commercial center. The commercial development located on the west side of Gilbert Street between Burlington and Prentiss Streets is relatively successful towards meeting this goal. In contrast, Burlington Street between Clinton and Gilbert Street is dominated by apartment buildings, auto-oriented and institutional uses. This area is not attractive for pedestrians and does not contribute significantly to downtown's vitality. Neighborhood Commercial: Gilbert Street between Burlington and Bowery Streets is not only a commercial corridor, which is highly visible to the community, it also serves the surrounding neighborhood. Neighboring land uses in the vicinity include a substantial concentration of high- density residential dwellings used predominantly for student housing. This area of Gilbert Street is an established neighborhood center that serves these residents. Having businesses in this location reduces the need for residents to drive elsewhere for services. Development of good quality commercial space on the east side of Gilbert Street would provide the opportunity to better serve this market. The Comprehensive Plan supports this land-use pattern. Commercial buildings on both sides of Gilbert Street between Burlington and Bowery Streets are nearly all occupied. The exception to this is a historic building that has not been brought up to code for commercial use. Staff does not feel that there are any compelling reasons that additional commercial uses would not be viable on this property. Although there are other commercial properties in the downtown and Near Southside vicinity that are currently vacant, this does not necessarily indicate that there will not be a greater demand for commercial property in the future. Moreover, many of vacant spaces in the downtown area do not have the advantage of being located on such a highly visible arterial location and may have other design issues that contribute to their vacancy. There are some site and access issues that must be solved if this property were to be redeveloped. However, staff does not feel that these issues preclude commercial development, but may impact the intensity to which this property may be developed and therefore the market value of the property. Appropriate commercial use should not be precluded in the future only because it is believed that high-density residential development would be more profitable in the short term. Land Use Pattern: Diversity in land uses is also critical to the quality of downtown. Amending the plan and rezoning this property to RM-44, regardless of the state of the economy or the demand for additional commercial space at this time, will eliminate any future opportunity to develop this corridor for commercial and a mixture of land uses. This may create a monoculture of student apartment buildings along this corridor with little interest at the street level. It is also good planning practice to have similar uses and zoning on both sides of a street. Zoning boundaries are located at rear properties lines whenever possible. Development of good quality commercial on both sides of Gilbert Street south of Ralston Creek will further strengthen this area as a commercial corridor, and downtown and neighborhood commercial center. 4 Rezonin.q The proposed rezoning does not comply with the future land use plan or the policies of the Comprehensive Plan. It is not compatible with the commercial character of downtown and the larger Gilbert Street Corridor that extends from Bloomington Street to Napoleon Park. Therefore, staff does not recommend approval of this rezoning. Summary Staff feels that the goals and strategies of the Comprehensive Plan relative to the development or redevelopment of commercial property in the downtown vicinity, neighborhood commercial and land use diversity are applicable to 500 through 522 S. Gilbert Street. Furthermore, commercial development in this area serves the Near Southside neighborhood and the area east of Gilbert Street. This corridor is also ideally suited to commemial, because it has high vehicular traffic and high pedestrian traffic, particularly if redeveloped with mixed use buildings. Future improvements to Gilbert Street should enhance opportunities to capture business from those driving along Gilbert Street. The first priority for the development of this property should be the construction of good quality commercial space that is conducive to the viability of businesses in this location. To further support this goal, residential development is recommended above the ground floor commercial space. However, if the property is too confined to allow development of both commercial and residential uses, commercial is the more suitable use. Rezoning this property to RM-44 would eliminate the potential for any future business development on this property as recommended by the Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends that REZ04-00012, an application from James A. Clark to amend the Comprehensive Plan and for a rezoning from CC-2, Community Commercial, to RM-44, High Density Multifamily Residential on approximately 1.34 acres located on the east side of Gilbert Street between Burlington and Gilbert Streets be denied. ATTACHMENTS: 1. Location map 2. Application statement Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development 2 BOWERY ST SITE LOCATION: 500-522 S. Gilbert St. REZ04-00012 Rezoning to RM-44 Rezoning of the properties in this Application is warranted for the following reasons: 1. The properties are currently commercial buildings, except for one house which is residential use. All are zoned CC-2. 2. The properties are either owned by the applicant, or acquisition is being negotiated. The Applicant proposes to redevelop those properties into townhouses containing multifamily residential dwelling units. 3. The properties to the east of the properties are all multifamily housing and zoned RM-44. 4. Rezoning to RM-44 will allow for more economical use, consistent with the market demand for property in the area, of the properties than does the current zoning. 4. The Applicant has previously submitted an Application to rezone the properties to CB-5. That Application has been withdrawn. At the March 4 meeting of the Planning and Zoning Commission questions were raised regarding access to area properties, especially by trucks servicing commercial uses. The Applicant has drafted a number of proposed developments for the property, with the majority eliminating access from Gilbert Street to the property. None of the proposals are economically feasible due to parking requirements in CB-5, dimensional requirements, and commercial vehicle access issues. The proximity of the properties to Ralston Creek preserves limitations on building at the north end of the pro~)rtie~ Commercial use of the properties is not the best use g~v_~.'n location and access issues. The City plans to widen Gilbert Street to include a for Bowery Street which would make access off Gllber~re .g~. to the properties problematic for vehicles of all typ~s, ro 5. The rezoning is not inconsistent with the Comprehensive Plan as currently written because it fits into a mixed use area. If the Commission believes that the Comprehensive Plan needs to be revised to allow for this rezoning, the Applicant is asking that such a revision or amendment be made. HOLLAND & ANDERSON LLP c. Joseph Holland 123 N. Linn St., Suite 300 jholland~icialaw.com P.O. Box 2820 Lars G. Anderson Iowa City, IA 52244-2820 landerson~icialaw.com Phone: (319) 354-0331 Fax: (319) 354-0559 LeAnn Heun lheun~icialaw.com May12,2004 Bob Miklo Iowa City Planning Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Bob: As I mentioned to you by telephone, I am submitting, on behalf of Jim Clark, an Application to rezone properties at 500-522 S. Gilbert Street. I understand it to be your position that the Comprehensive Plan would need to be amended to allow for this rezoning. We would ask that in addition to the Application for Rezoning that an amendment to the Comprehensive Plan be formally put in motion. We believe that the areas we are seeking to have re-zoned would be a sufficient area for an amendment to the Comprehensive Plan. On the east side of Gilbert Street from Burlington to Bowery this would leave only the The Mansion and the property immediately to the north of Ralston Creek designated as commercial areas. That seems appropriate because of the character of the buildings on those properties and their locations. Further, everything to the east of the 500-522 properties are already zoned RM-44 and this would be contiguous with those properties as part of a Comprehensive Plan. I hope this is sufficient as to our reasons for pursuing this. If you need clarification or anything further from me please let me know. Very truly yours, CJH:ses ~ cc: Jim Clark 08-03-04 5c Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Slmet, Iowa City, IA 52240; 319-356-5247 (REZ04-00006) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 2.2 ACRES FROM PLANNED DEVELOPMENT HOUSING - HIGH-DENSITY SINGLE-FAMILY RESIDENTIAL~ OPDH-12, TO PLANNED DEVELOPMENT HOUSING - MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL, OPDH-8, FOR LOT 77 OF WALDEN WOOD PART 6, LOCATED AT THE NORTHERN TERMINUS OF JENSEN STREET. WHEREAS, Southgate Development has applied for a rezoning from Planned Development Housing - High-Density Residential, OPDH-12, to Planned Development Housing - Medium-Density Residential, OPDH-8, for property located at the northern terminus of Jensen Street, also known as Lot 77 of Walden Wood, Part 6; and WHEREAS, the Southwest District Plan states this property is appropriate for single-family residential development, and the Southwest District Plan land use map identifies this property as appropriate for single- family or duplex residential development; and · WHEREAS, the applicant is requesting approval of a Preliminary OPDH plan for Lot 77 of Walden Wood, Part 6 to allow for 10 zero-lot line dwellings on 10 separate lots, accessed from an extension of Jensen Street, a public street; and WHEREAS, zero-lot line dwellings are considered to be single-family homes, as each home is on its own and WHEREAS, the materials submitted with the preliminary OPDH plan indicate three variations of exterior design will be used for the dwellings to be constructed on the property; and WHEREAS, the OPDH plan and preliminary plat include the construction of a trail and dedication of a trail and easement to the City; and WHEREAS, the OPDH plan is in compliance with the Iowa City Zoning Ordinance, the proposed development is in compliance with the Southwest District Plan, and the Planning and Zoning Commission has reviewed the OPDH plan and preliminary plat for Let 77 of Walden Wood, Part 6, and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: · ~u~C~i~LL~.. The property described below is hereby reclassified from Planned Development Housing - High-Density Residential, OPDH-12, to Planned Development Housing - Medium-Density Residential, OPDH-8, and the associated preliminary OPDH-8 plan submitted for Lot 77 of Walden Wood, Part 6 is hereby approved: Lot 77 of Walden Wood; Part 6, as recorded in Book 39, at Page 32, of the Johnson County Recorder's Office, Johnson County, Iowa. SECTION II. VARIATIONS. Section 14-6J-2-D-7 of the City Code provides that combinations of land uses are permitted and variations in building setback and lot area requirements may be approved for planned developments, and Section 14-6J-2-B of the City Code provides for flexibility in architectural design, placement and clustering of buildings, use of open space, traffic cimulation and parking, and related site and design considerations. The following waivers are approved as part of the Preliminary OPDH Plan: a. Waiver of Section 14-6D-3E(1) to allow individual lots less than 5,000 square feet in size. b. Waiver of Section 14-6D-3E(2) to allow individual lots less than 45 feet in lot width. SECTION IlL ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the OPDH plan for this property, and record the same in the office of the County Recorder, Johnson County, Iowa, at the owner's expense, upon the final passage, approval, and publication of this ordinance as provided by law. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole er any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 Passed and approved this day of ,20 . MAYOR ATTEST: CITY CLERK Approved by ~it~ ~,~m~y'~"-Offlce ' Ordinance No. Page __ It was moved by. and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 8/3/04 Vote for passage: AYES: Lehman, O'Donnell, Vanderhoef, ~lilburn, Baile~', Champion, Elliott. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: REZ04-00006/SUB04-00007 Date: June 3, 2004 Walden Wood Part 6 GENERAL INFORMATION: Applicant: Southgate Development Company 755 Mormon Trek Boulevard Iowa City, IA 52246 Phone: 337-4195 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Applicant's Attorney: Joe Holland Brewery Square Suite 300 Iowa City, IA 52240 Phone: 354-0331 Requested Action: Rezoning from OPDH-12 to OPDH-8; Approval of an OPDH-8 Plan and Preliminary Plat. Purpose: To allow the development of 10 dwelling units Location: North terminus of Jensen Street Size: 2.2 acres Existing Land Use and Zoning: Vacant, PDH-12 Surrounding Land Use and Zoning: North: PDH-12; open space and residential South: RS-8; single-family residential East: PDH-12; multi-family residential West: P; trail and high school Comprehensive Plan: The Southwest District Plan states that this property is appropriate for single-family residential development. File Date: Revised plans received May 28, 2004 45-Day Limitation Period: July 12, 2004 2 BACKGROUND INFORMATION: The applicant, Southgate Development Company, has requested approval of an OPDH-8 plan to allow the development of ten units on 2.2 acres of property located at the north end of Jensen Street. The property is platted as Lot 77 of the Walden Wood Part 6 subdivision. There is some history to this properly. Lot 77 was platted in 1991 as part of the Walden Wood Parts 3-7 subdivision. Prior to 1983, this property was zoned R-3, multi-family residential. In 1983, this properly, as well as some surrounding property, was rezoned to PDH-12, though no PDH plan was adopted for the property. In 1991, approximately 2.5 acres to the south was rezoned to RS-8, medium density single family residential, leaving this 2.2 acre remnant zoned PDH-12 at the north end of Jensen Street. The applicant has now requested a rezoning from OPDH-12 to OPDH-8, and approval of an OPDH-8 Plan, to allow ten dwelling units on ten lots to be constructed. In 1999, Southgate Development Company submitted a planned development proposal for this property consisting of 8 duplexes (16 units). Staff had recommended against that plan primarily due to the design maximizing density, while not providing any public benefits, and also due to pavement backing up to existing rear yards, and a lack of sidewalks. The request in 1999 was deferred indefinitely at the request of the applicant. ANALYSIS: Project Design: The proposed development consists of Jensen Street extending to the north west, terminating in a public cul-de-sac. Four dwellings are proposed on the east side of Jensen Street, and six dwellings are proposed on the south and west sides of the Jensen Street extension. The plan addresses the concern from 1999 that residential units should back up to each other, by having the rear of the residential units face the rear of the units to the south. While the rear yards are narrow, they do meet the City's minimum 20-foot rear yard requirement. The subdivision design consists of ten lots and two outlots. Ten dwelling units are proposed, in the form of zero-lot homes. Lot sizes range from 7,920 square feet to 3,691 square feet in size. While most of the individual lots are smaller than the lots in the neighborhood to the south, the overall density including open space is 4.5 lots per acre. This is the same overall density as the neighborhood to the south. One outlot encompasses the south side of the Willow Creek detention pond to the north; the other outlot on the eastern potion of the property is primarily for gas pipeline easement. The applicant has agreed to construct a trail from Jensen Street to the north to allow for a trail connection to the Willow Creek Trail. The City is working with the applicant on installing a pedestrian bridge over Willow Creek to allow for this trail connection to occur - this will provide a direct pedestrian route to Walden Square, West High School, and other destinations along the Willow Creek Trail. The trail is proposed to be dedicated to the City for public maintenance. Comprehensive Plan: The Southwest District Plan states "the two-acre property at the north end of Jensen Street is appropriate for single-family homes similar to those that already exist in the neighborhood." This gives some specific guidance that the development on this property, based on the public input received during the development of the Southwest District, should be in the form of single family homes similar to those on the rest of Jensen Street. Zero-lot line dwellings (homes on their own lot, attached at the lot line in pairs) are considered to be single-family homes in the zoning ordinance. One of the concerns expressed by neighboring property owners has been the chance that these dwellings will become rental units. While anyone can rent their house, by having each home on it's own lot, there is an opportunity for the dwellings to be owner-occupied. Staff notes that the City cannot control whether someone rents their house, provided the property owner meets the requirements of occupancy, building code, and other rental permit-related requirements. PDH Plan Standards: The intent section of the PDH zone is to allow flexibility in the design and placement of buildings, use of open space, traffic circulation, and parking. It is also the intent of the PDH regulations to encourage the preservation of landscape features through development sensitive to natural features. The plan as submitted provides a segment of single-loaded street frontage along the detention pond to the north (this was stated as desirable during Commission review of the 1999 plan), with sidewalk access along Jensen Street. The applicant has also agreed to construct and dedicate to the City a trail connection to the Willow Creek Trail along the east side of the property. As stated in the intent section of the PDH zone, the design of dwellings should be compatible with surrounding residential developments. The applicant has provided three variations of a house design for this property. The proposed dwelling is a two-bedroom, approximate 1,600 square foot structure (including the garage). According to the applicant the significant difference in the proposed dwellings and the homes in the neighborhood to the south, is the proposed dwellings will not be split-level due to the flat topography. Where the three varieties of dwellings are used should be defined with the final PDH Plan for the property. Given the Comprehensive Plan and the intent of the PDH zone to encourage 'compatible' residential structures, one of the criterion the Commission should consider is whether the proposed dwellings are compatible with the surrounding neighborhood. Traffic: The estimated traffic from 10 units is approximately 70 vehicle trips per day (7 tdps per unit). It is anticipated the majority of this traffic will use Jensen Street; some will use Irving Avenue to reach Shannon Drive. There are multiple route options to reach either Mormon Trek Boulevard or Rohret Road. This level of traffic is not unusual for 2 acres of development in a medium-density residential neighborhood, and will not overburden these streets. Open Space: Based on the City's adopted open space formula, residential development on this property would be required to dedicate 3,618 square feet of open space. The applicant is proposing to dedicate an approximate 6,600 outlot for the trail connection to the Willow Creek Trail, which satisfies the open space requirement. The Parks and Recreation Commission will consider accepting this outlot as open space. Storm Water Management: The detention basin to the north was designed to accommodate storm water runoff from this property when Walden Wood Parts 3-7 were platted. The development plan includes storm sewer pipe and easement to direct storm water into this detention basin. Water Main Extension Fee: A water main extension fee of $395 / acre is required. \~cit ynt~jyapp$~rezoning s~Je n se n Stree[ PDH.doc 4 Sanitary Sewer Tap-on Fee: No sanitary sewer tap-on fees are required for this area. Summary In summary, staff finds that the proposed medium density residential density is similar to the adjacent neighborhood to the south, which provides access to this development. The applicant has provided an amenity to the public with the trail construction for a connection to the Willow Creek Trail, and a segment of public frontage on the pond to the north. While the proposed dwellings are attached, they are each on their own lot and are single family residences. One of the criterion the Commission should consider is whether the proposed dwellings ara compatible with the surrounding neighborhood. The existing houses on Jensen Street have designs that emphasize the residential portion of the structure by placing the garage entirely under the living spaces, rather than protruding forward. Staff suggests that emphasizing the residential portions of the structures by bringing them forward would make them more complementary to the neighborhood. STAFF RECOMMENDATION: Staff recommends that REZ04-00006, a rezoning from OPDH-12 to OPDH-8, Planned Development Housing Overlay - Medium Density Single Family Residential, and the preliminary OPDH-8 Plan, be approved, subject to a variety of dwelling-styles being used as submitted. Staff recommends that SUB04-00007, a preliminary plat of A Resubdivision of Lot 77, Walden Wood Part 6, be approved. ATTACHMENTS: 1. Location Map 2. Preliminary Plat and OPDH-8 Plan 3. Elevations of proposed structures 4. Written input received Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development \lcit ynt Ijya pp $~rezonin gs~J ensen Street PDH.d~C CITY OF IO~A CITY ~ CAMERON WAY 2 ~ W'ALDEN RD / S~E LO~TION: Jensen S~ee~aidenw~d Pa~ 6 SUB04-O~7 IO1}'ACITY. IOTA~''~, Preliminary Plat and Preliminary O.P.D.H.-8 Plan .... ~'~ A Resubdivision of Lot 77, Walden Wood Par~ -~ --~:- ' Citv, ~ . =..._:~ Iowa Iowa B~RY S~U~ LOCATION MAP NOT TO SCALE ~ z 0 ~ ~...IFI13 1FB -?-~ FIR F1FI~ ..- IIII I1 Ii IIIII IIII Jill ~~llll 'f..-_=.-__-_ IFIFIBFIIX111I IiWB BI31ZFIFMI-~FII From: brian-lai@uiowa.edu Sent: Thursday, March 25, 2004 4:36 PM To: joh n-yapp@iowa-city.org Subject: Letter about possible subdivision at the end of Jensen Street Mr Yapp, Hi, I talked with you on the phone Tuesday about the application for a subdivision at the end of Jensen Street and have subsequently received a letter about it. I have pasted into this message a letter expressing my concern about this application. I have also mailed you a hard copy of this letter. I would appreciate it if you would express my concern to the other members of the Planning and Zoning Commission. Aisc, please let me know if there has been a recommendation made about this application. Thanks, Brian Brian Lai Assistant Professor Department of Political Science University of Iowa Iowa City, IA 52242 March 25, 2004 Iowa City Planning and Zoning Commission City of Iowa City 410 East Washington Street Iowa City, tA 52240 Dear Members of the Iowa City Planning and Zoning Commission, My name is Brian Lai and I live at 1044 Jensen Street. I am writing to ask you to deny the application for a new subdivision to be located at the end of Jensen Street. I believe this proposed subdivision will provide little additional housing and will result in increased traffic in our neighborhood, the possibility of flooding in the new subdivision, a reduction in the beauty of the neighborhood, and a decrease in overall property values. The proposal only creates five additional duplexes in an area that is already filled with apartments, duplexes, and single family homes. For example, a new apartment complex has just been completed off Shannon Drive (two streets to the West of Jensen Street) and a new single family home subdivision is in the process of being completed at the end of Shannon Drive. This area does not require additional subdivisions, given the vast number of existing apartments, duplexes, and single family homes. While creating only a few additional and unnecessary duplexes, this proposal has severe negative consequences for the existing residents of Jensen Street and Irving Avenue. First, it is likely to create increased traffic on both streets. Southgate already has five duplex units on Walden Road and there appear to be at least three to four cars associated with each unit. Thus the proposed new subdivision is likely to lead to an additional 15 to 20 cars driving through the Walden subdivision (especially on Jensen Street), creating two important problems. First, most of the home owners of Walden Road, Jensen Street, Jensen Court, and Irving Avenue have young children who ride the bus to school and play in the neighborhood. Increased traffic especially from younger drivers (who tend to rent Southgate duplexes), is likely to pose a hazard to these children. The City of Iowa City occasionally posts a police officer on Walden Road, across from the current Southgate duplexes to monitor the traffic and to prevent speeding in the neighborhood. While I do not have any data on the number of traffic stops from these duplexes (and hence for the proposed duplexes), the presence of a squad car indicates that at a minimum, it is a real possibility. This new subdivision will greatly increase the traffic on Walden Road, Irving Avenue, and especially Jensen Street, creating a hazard for the home owners and their young children. Currently, there is a nice division between the single family homes and apartments/duplexes in the area. The apartments and duplexes are on Walden Road and Shannon Drive, on the outside edges of the single family homes. This helps to reduce the traffic and noise associated with these apartment complexes and duplexes. This proposal would eliminate this very effective division and will disrupt the home owners of Jensen Street, Jensen Court, and Irving Avenue. The increased traffic will also adversely affect traffic on Mormon Trek. One outlet from this area is Mormon Trek from Walden Road. There is no traffic light and most residents of the apartment complexes, duplexes, and single family homes turn left to get to downtown Iowa City. There are often traffic accidents at this intersection, especially in the winter time after significant snow falls. Adding additional units to this area will only compound this problem. Beyond traffic, residents of the existing duplexes on Walden Road tend to park on the adjacent street. If this pattern continues with the proposed subdivision, this street parking is likely to spill over onto Jensen Street, creating a nuisance and hazard for its residents. Second, the proposed subdivision is likely to reduce the beauty of the area. This is likely to influence not only the homeowners of Jensen Street and Irving Avenue, but the entire Iowa City community. The proposed area is not very large and Es already bordered on all sides by two apadment complexes, single family homes, and West High School. Adding a new subdivision is going to create a very cramped area that gives the appearance of a poorly planned and ill designed development. It also removes one of the few untouched natural areas in this part of Iowa City. Not only are the residents of this area going to be affected, but anyone who uses the Willow Creek Trail will pass right by this proposed development. Currently, people on this trail enjoy a view of a small pond, a field, and trees. Under the proposal, people on the trail will observe first construction, followed by the back and side of a duplex, a paved cul-de-sac, and a private drive leading to yet another paved cul-de-sac. The proposal will give this area of Iowa City a very negative reputation as a poorly planned and developed area, where apartments, duplexes, and single family homes have been shoved together, decreasing the current beauty shared by residents and anyone who uses the Willow Creek Trail. In addition, the current landscaping in the proposed area includes a patch of trees that to some degree provides a visual barrier between the residents of Jensen Street and Irving Avenue. Based on the development plans, this patch of trees will be removed, leading the residents of Irving Avenue to have a view of West high from the backs of their houses and the view from the West High football field will be duplexes and a paved cul-de-sac. Even the future residents of the proposed subdivision will be adversely affected. Two duplexes will be very close to an apartment complex that is behind them. This proposal creates an enormous eyesore for the residents who live on the West side of Iowa City. This proposal also creates the possibility of flooding in the newly developed duplexes. Currently, Jensen Street slopes downhill into a field. When there are heavy rains or the winter snow melts, the field is a perfect way to absorb the excess water. Paving over the field and adding a subdivision that is going to border a pond is going to create a very precarious situation. Whenever there are heavy rains, all the water will flow into the new subdivision and with very little green space left to absorb the increased water, it will be carried from the new storm drains into the pond behind the subdivision, creating the potential for the pond to flood on to the new subdivision or the Aspen Lake Apartments. In addition, city snow plows push the snow that accumulates on Jensen downhill and currently it rests at the end of Jensen Street and melts into the field. Under the proposal, this snow will be pushed into the new subdivision and will have nowhere to melt but into the pond, creating a potential for flooding. On a more personae level, this proposed subdivision vitiates one of the primary reasons I bought my house, the tranquility and beauty of the field and pond to the side of my house. If this development is approved, the resulting construction will be an enormous nuisance to me. I do a significant amount of work from home and I enjoy the quiet of the neighborhood when I am working. The construction from this development will significantly affect my work and quality of life. After the construction, I will not have a view of any green space from my house. Please reject the application from Southgate Development for five duplex buildings at the end of Jensen Street. This proposal is a poorly conceived idea that only serves to increase traffic hazards, reduce the beauty of Iowa City, and increase potential problems for current and future residents. This development poses a serious traffic hazard to the residents (especially young children) of the established neighborhoods. It destroys the current layout of the area, which separates single family homes from apartments and duplexes. Also, this proposal will remove the natural beauty of the area, creating cramped living arrangements for all of its residents. All of these factors will reduce the property value for all the local developments. This proposal poses significant problems for individual homeowners, the neighborhood, and the residents of Iowa City. As such, I implore you to reject this application. Sincerely, Brian Lai Assistant Professor Department of Political Science University of Iowa Iowa City, IA 52242 Page 1 of 1 John Yapp From: Kuo-Kuang Wen [kkwsjc@hotmail.com] Sent: Thursday, May 13, 2004 6:04 PM To: John-Yapp@iowa-city.org Subject: RE: FW: Southgate development proposal Mr. Yapp, We received Southgate proposal. Thanks for your caring. In fact, we are very disappointed in this "new" proposal. THERE IS NOTHING NEW! There are still 10 units, which occupy most of the land, and leave "just" enough space from our property. I don't mean to be critical, but I fail to see Southgate's good willing to cooperate with current neighbors. I understand that Southgate owns that land and has every right to develop it for profit. However, individual like myself should also have the right to protect personal property from depreciation caused by big business company's "development". Moreover, like I mentioned in my previous e-mail, that piece of land is actually "manmade". I worry if the land foundation is stable enough to support up to 10 units on top of it. Finally, I am very curious about Southgate's repeating "withdrawl"/"resubmit" attitude. With summer vacation approaches and most families in our neighborhood have school-age kids, I know a lot of them have "out of town" vacation plans. I hope the public hearing won't occur during summer vacation because the appearance rate from our neighborhood will be seriously affected! Is there anyway to make sure the hearing takes place during non-vacation time to ensure our concerns to be heard by the city? Thanks again for your kindness and help. This development proposal concerns a lot of our neighbors. Please help and support us to voice our concerns. Shereen Chang FREE pop-up bloc_king with the new MSN Toolbar -get it now! 5/14/2004 JJohn Yapp From: brian-lai@uiowa.edu Sent: Thursday, May 13, 2004 9:57 AM To: John Yapp Subject: Re: FW: Southgate development proposal May 13, 2004 Iowa City Planning and Zoning Commission City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Members of the Iowa City Planning and Zoning Commission, My name is Brian Lai and I live at 1044 Jensen Street. I am writing to ask you to reject the application for a new subdivision to be located at the end of Jensen Street and to ask Southgate to consider a development that fits with the rest of the current neighborhood. This proposaJ is very similar to the earlier proposal put forward by Southgate. It calls for 10 duplex units. I believe that this proposal still creates several negative conditions for the residents of the current neighborhood. First, it is likely to create increased traffic on both streets. Southgate already has ten duplex units on Walden Road and there appear to be at least three to four cars associated with each unit, some of which are generally parked on the street. Thus the proposed new subdivision is likely to lead to an additional 15 to 20 cars driving through the Walden subdivision (especially on Jensen Street), creating two important problems. First, most of the home owners of Walden Road, Jensen Street, Jensen Court, and Irving Avenue have young children who ride the bus to school and play in the neighborhood. Increased traffic especially from younger drivers (who tend to rent Southgate duplexes), is likely to pose a hazard to these children. The City of Iowa City occasionally posts a police officer on Walden Road, across from the current Southgate duplexes to monitor the traffic and to prevent speeding in the neighborhood. While I do not have any data on the number of traffic stops from these duplexes (and hence for the proposed duplexes), the presence of a squad car indicates that at a minimum, it is a real possibility. This new subdivision will greatly increase the traffic on Walden Road, Irving Avenue, and especially Jensen Street, creating a hazard for the home owners and their young children. Currantiy, there is a nice division between the single family homes and apartments/duplexes in the area. The apartments and duplexes are on Walden Road and Shannon Drive, on the outside edges of the single family homes. This helps to reduce the traffic and noise associated with these apartment complexes and duplexes. This proposal would eliminate this very effective division and will disrupt the home owners of Jensen Street, Jensen Court, and Irving Avenue. The increased traffic will also adversely affect traffic on Mormon Trek. One outlet from this area is Mormon Trek from Walden Road. There is no traffic light and most residents of the apartment complexes, duplexes, and single family homes turn left to get to downtown Iowa City. There are often traffic accidents at this intersection, especially in the winter time after significant snow falls. Adding additional units to this area will only compound this problem. Beyond traffic, residents of the existing duplexes on Walden Road tend to park on the adjacent street. If this pattern continues with the proposed subdivision, this street parking is likely to spill over onto Jensen Street, creating a nuisance and hazard for its residents. Instead of 10 duplex units, you should suggest that if Southgate plans on developing this land, that they should consider developing housing that fits with the current neighborhood, preserving the existing division between single family homes and duplexes (which are primarily populated by students). For example, they might consider developing housing similar to the non-attached townhouses on Irving Avenue and Shannon Drive. Most of these homes are populated by families. Non-attached townhouses that are slightly larger 1,191 square feet would preserve the nature of the neighborhood. Instead of 10 duplex units, the integrity of the existing neighborhoods would be better served by 5 single family homes or non-attached townhouses that are roughly 2,000 square feet. This would be more in line with the current houses in the neighborhood and would help to insure that the demographic composition is similar. Finally, this would significantly reduce the traffic dangers previously discussed. If Southgate plans to develop this area, I ask the Commission to consider the current composition of the existing neighborhood and the welfare of its citizens. With only one outlet into the proposed development, adding 10 duplex units (which are likely to be populated by students) is going to create traffic hazards for the current residents especially for the children. It will also destroy the nice division between single family homes and apartment/duplex residences (which generally house students). Thus, I ask that you please reject this current proposal and instead suggest that Southgate develop this land more in line with the current residences (individual single family homes). Sincerely, Brian Lai 1044 Jensen Street Iowa City, IA 52246 JOhn yapp . . . I From: Vieira, Alexandre [alexandre-we~ra@u~owa.edu] Sent: Monday, May 03, 2004 9:55 AM To: joh n-yapp@iowa-city.org ISubject: southgate developing plan Dear Sir: a month ago, our neighborhood discussed the proposed plans for the 2.2 acre property located at the north end of Jensen Street. I was planning to write you earlier, but I got sick and just now I am getting back to normal. I believe five duplex buidings that will probably be destinated for renting will potentially disturb our neighborhood in different ways. All surroundings are family houses and I believe that would be a better fit for the end of Jensen Street. Future tenants wil be very likely college students. That will very likely increase the danger of the traffic on Jensen Street and connected streets. Today, children play in the neighborhood safely, greatly because of the Iow traffic density. In summary, the perspective of having the end of Jensen Street being developed is good, but this should be destinated to more family houses. I appreciate your atention, Alex (16 Jensen Ct.) Alexandre R. Vieira, D.D.S., M.S., Ph.D. Dept Pediatrics ML 2182 The University of Iowa Iowa City, IA 52242 Phone # (319)335-9686 FAX# (319) 335-6970 alexandre-vieira~uiowa.edu IJohn Yapp From: Stein, Colleen [colleen-stein@uiowa.edu] Sent: Tuesday, April 27, 2004 5:16 PM To: john-yapp@iowa-city.org Subject: southgate construction site Dear John Yapp, We are residents living at 6 Jensen Court, near the site where Southgate has proposed to build five duplex houses (at the end of Jensen St. in Iowa City). Thank you for keeping us and other near-by residents informed about Southgate's application. As our house borders on Jensen St, we are concerned about the consequences of this proposed addition to our neighborhood. Our major concerns are as follows: 1. Increase in traffic flow. With five duplexes the increase would be substantial, particularly if each residence is rented to several adults (university students, for example). With two small children, this is of primary concern to us. 2. Parking overflow onto Jensen St. If rented to un-related adults, parking overflow onto Jensen St. could become a problem. 3. Decrease in property value. We fear that a decrease in our property value is likely to occur if the duplex units are rented. In our neighborhood, our houses, lawns, and gardens are very well maintained. It would be unfair for this level of care to be disrupted, and for the continuity of our neighborhood to be broken. 4. Fate of the path around the pond. Our family and most others in the neighborhood really enjoy the "nature" walk or bike-ride along Willow Creek path. We hope that with the construction, this path with the surrounding trees, creek and wildlife (many species of birds, ducks, a beaver, etc) can be preserved. We feel that these are real concerns; the duplex units at the top of Walden road lend validity to several of our points. The sidewalks in front of these duplexes are typically blocked by cars, and in winter months are often not shoveled. Parked cars line the road across from the rentals, creating a traffic hazard along a curved area of the road. Our counter proposal. As an alternative to building duplex units that would most likely become rented by unrelated individuals, we would much prefer that single-family homes be constructed. Our neighborhood consists now of all single-family homes, and a continuation of this makes sense, and would alleviate concerns #1 to #3 listed above. Southgate should not have a problem with selling single-family homes. Homes in our neighborhood have been selling extremely quickly, with values in the range of about $120,000 to $250,000. In the event that Southgate is unwilling to sway from their duplex proposal, then we strongly suggest that the duplex homes blend with the style of houses in our neighborhood, and if possible, that each duplex be distinct from the others in design, in hopes of attracting individual families as residents. Thank you for your consideration, Colleen Stein and Marc Pizzimenti Page 1 of 2 John Yapp From: Kuo-Kuang Wen [kkwsjc@hotmail.com] Sent: Monday, April 26, 2004 7:52 PM To: joh n-yapp@iowa-city.org SubJect: concerns regarding new deveropment Mr. Yapp, I am a resident living on Irving Avenue. My back yard is just adjacent to the new development proposed by South Gate. I have several concerns regarding this plan, and I hope you will be able to help me for this matter. First, the foundation. When we moved into our current home, the land where the new development proposed was virtually "non-exist". It was filled later by those waste soil transferred from new construction sites such as Emily Court. It was a very low land before filling. In fact, we have to "climb down" from our backyard to reach the pond. Also, whenever it rains, the flooding water just washing down from Jensen Street toward the pond. In this situation, I can't help but wonder how stable the foundation will this land provide for housing construction. Moreover, if the foundation of these new buildings is not stable enough, I am afraid that it will eventually affect the foundation of my house! Second, the neighborhood. The current neighborhood is mainly middle-class families with school- age children. There are two things concern us the most: green space and safety. Currently, all kids in our neighborhood play on streets since there is no open green space available for them. With more and more new constructions going on, the traffic has been increasing dramatically, and we are concerned about our children's safety when they play outside. If the new construction will add duplex/townhouse in that area, the chance of renting instead of selling that property just increases, and the main renters will be college students! We have been suffering midnight parties, quarrals and fights from the nearby townhouse areas. We also suffer from the crowded parking, street blocking and speedy driving from those residents in the duplexes on top of the Jensen Street, and most of them are students. Since the City has no right to dictate how South Gate will manage its own property, I wonder how our rights will be preserved and respected. Third, the privacy. All the other houses in this neighborhood are back-to-back. That is, there is the distance of two backyards from one house's balcony to the next! The proposed plan will put houses right at our property line. We will have much shorter distance (just ONE backyard!) from our balcony to the location of the house. How our privacy is protected is a big concern. Will we pull our curtains, and close our windows all day long? I can't even imagine if those houses will be rented out to college students, I wonder how we are going to maintain our current living qualities when there are parties going on all night long. Forth, the wild life. There are numerous animals living in that land now. We have seen beavers, hooters, deers, and even red foxes! Not to mention those beautiful trees standing there now. They are probably nothing worthy of saving in the eyes of big companies, but in ordinary people's eyes, they are just part of our daily lives now. It is inevitable to continue development in Iowa City with ever growing population. However, I feel extremely painful that we don't even preserve a small land for them in our neighborhood. These are quite length questions but still hardly enough to express my concerns over this new 5/14/2004 Page 2 of 2 development proposal. Your help will be deeply appreciated. Shereen Chang, MD Department of Neurology UIHC, Iowa City, lA 52242 MSN Toolbar provides one-click access to Hotmail from any Web page - FREE dow_n_lQ, gd~ 5/14/2004 Page 1 of 1 John Yapp From: Brobalino@aol.com Sent: Saturday, March 27, 2004 12:54 PM To: joh n-yapp@iowa-city.org Subject: Walden Wood Lot 77 John, I want to thank you for being so helpful in providing us with drawings of the proposed development of Lot 77. I have shared this information with other neighbors. I have several comments~ -I had heard that one of the cul-de-sacs may be eliminated. This makes alot of sense. It seems to me that Lot 77 could be developed into single family lots similar to the adjacent lots. The back of the new lots to the west side of Jensen Street would face the south and the back yards of the other homes on Irving and the road could still be on the pond side of the single family homes. Even though Lot 77 is at the edge of this portion of Waldon Wood, the only access to Lot 77 is through a single family home neighbor and therefore it seems more appropriate to have single family homes in this location. -If single family homes are simply not an option, I would ask that you consider moving the road farther north so that there could be more space between the back of the duplexes (to the west of Jensen Street) and the south lot line. The distance between the back lot lines and the houses on Irving and in the development in general is approximately 50'. Moving the road even 8' to 10' to the north would increase the distance from the duplexes to the lot line from 28' to 38'. I would like the road to move even farther to the north but I realize the grades may not permit this. -Do you know if Southgate Development plans on selling or renting the units? On the site plan, the size of the units is listed as 1,216 SF however the plans that I looked at in your office showed the units as 1,606 SF. What is the actual size of the units? Has Southgate given the city any indication of the sale price of the units? Thank you. Beverly Robalino 5/20/2004 John Yapp From: Stein, Colleen [colleen-stein@uiowa.edu] Sent: Tuesday, April 27, 2004 5:16 PM To: john-yapp@iowa-city.org Subject: southgate construction site Dear John Yapp, We are residents living at 6 Jensen Court, near the site where Southgate has proposed to build five duplex houses (at the end of Jensen St. in Iowa City). Thank you for keeping us and other near-by residents informed about Southgate's application. As our house borders on Jensen St, we are concerned about the consequences of this proposed addition to our neighborhood. Our major concerns are as follows: 1. Increase in traffic flow. With five duplexes the increase would be substantial, particularly if each residence is rented to several adults (university students, for example). With two small children, this is of primary concern to us. 2. Parking overflow onto Jensen St. If rented to un-related adults, parking overflow onto Jensen St. could become a problem. 3. Decrease in property value. We fear that a decrease in our property value is likely to occur if the duplex units are rented. In our neighborhood, our houses, lawns, and gardens are very well maintained. It would be unfair for this level of care to be disrupted, and for the continuity of our neighborhood to be broken. 4. Fate ofthepath around thepond. Our familyand most others in the neighborhood really enjoy the "nature" walk or bike-fide along Willow Creek path. We hope that with the construction, this path with the surrounding trees, creek and wildlife (many species of birds, ducks, a beaver, etc) can be preserved. We feel that these are real concerns; the duplex units at the top of Walden road lend validity to several of our points. The sidewalks in front of these duplexes are typically blocked by cars, and in winter months are often not shoveled. Parked cars line the road across from the rentals, creating a traffic hazard along a curved area of the road. Our counter proposal. As an alternative to building duplex units that would most likely become rented by unrelated individuals, we would much prefer that single-family homes be constructed. Our neighborhood consists now of all single-family homes, and a continuation of this makes sense, and would alleviate concerns #1 to #3 listed above. Southgate should not have a problem with selling single-family homes. Homes in our neighborhood have been selling extremely quickly, with values in the range of about $120,000 to $250,000. In the event that Southgate is unwihmg to sway from their duplex proposal, then we strongly suggest that the duplex homes blend with the style of houses in our neighborhood, and if possible, that each duplex be distinct from the others in design, in hopes of attracting individual families as residents. Thank you for your consideration, Colleen Stein and Marc Pizzimenti Information regarding Lot 77, Walden Woods Part 6 Submitted by: John and Gretel Beck 1052 Jensen Street N 's Premier Realtor -JILL (5455) 62 J~~nCt,, IowaCity ~ Premier Realtor -JILL (5455) 62 Je en Ct., Iowa City M~dn kewl E ~try/Foy~~ ~ Op~~ G r~ R oo~ · S~~s~to~~p~& ~ · Gr~v~s~ ~y~d Sp~ ~ N~ ~~s& ~ I~ & p~ W~e ~~ S~ L~ B~ 2 · S~ ~~s r~ o~ · C~~4~B~ L~ ~ L~w~ L~y r~ · ~ ~~~'o~ St · ~ G[ ~~, m~/~ '02 . ~/Area s ~e~er Realtor ~¢31-JILL Listing Custom Detail Page I of 1 SINGLE FAMILY/ACREAGE AGENT REPORT MLS #: 20040954 Status: Contingent Ownership Type: Single Family '' Address: 62 JENSEN CT City,State,Zip: Iowa City 52246 Area: Iowa City DOM: 31 List Price: $225,000 Original Price: $225,000 Owner Name (L,F,MI): FINK, DAVID Bt SNOWDEN List Agent1: JILL ARMSTRONG (319) 631-5455 List Brokerl: LEPIC-KROEGER, REALTORS Off(310) 351-8811 List Agent2: List Broker2: ~.: Listing Date: 2/2g/2004 Expiration Date: 8/28/2004 ~,2~ .~: ~: '"' '"~""-~'"~' County: Johnson Subdivisiom WALDEN WOODS PART 4 Builder: #Fireptaces: I Variable Rate: No Zoning: RESIDENTIAL Mstr BR Level: Upper Size: 14 X 3.6 Comm. to SB I$/%/: 3.0 Lot Dim: 33 X 112 X L15 X 112 Living Rm Level; Main Size; 14 X 20 T Yah Acreage: 0.O0 Dining Rm Level: Main Size: 3.4 X g Lease Value: SqFt Above: 1601 Kitchen Level: Main Size: 3.4 X 3.3 Fin SqFt Lower: 675 Family Rm Level: Lower Size: 13 X 3.0 Tax ID: 1017332006 Garage Size: 22 X 21 GrssTx(Cnty/City): 3566.00 t # IBR IFBathlJ/4BathlHBathsl Tax Year Report: 2003 1Upper 3 2 0 0 Elementary School: Weber Annual Assoc Fee: 0.00 f Main 0 0 0 I ]r./Middle School: Northwest Year Built: :1.993 Lower 3. 3. 0 0 High School: West Never Been Oct: No otal 4 3 0 ! Internet: Yes Buyers Name: Pending Date: Sold Price: Selling Agent 1: Closing Date: Sales Term: Selling OflSce 1: AMENTFIES: Sidewalks, Street Lights, Walk to Shopping, Walk to School INTERIOR: Cable TV Connections, Carpet, Ceiling-g+ It, Foyer-Entrance, Wood Floors ROOMS: DR Separate, Family Room, LR Separate, Master Bath K~FCHEN BREAKFAST: Island, Pantry EQUIPMENT: Dishwasher, Disposal, Icemaker Line, Microwave Built In, Range/Oven, Refrigerator, Alarm-Smoke/Fire, Dryer, Washer FEE INCLUDES: BASEMENT: Bath Finished, Concrete, Entrance-Inside, Entrance-Outside, ... PARKING: Attached, Auto Garage Door, Garage, Kitc... LAUNDRY TYPE: Laundry Room LAUNDRY LOCATION: Basement FIREPLACE TYPE: Gas FIREPLACE LOCATION: In Great/Family Room HEATING: Gas, Forced Air COOLING: Ceiling Fan, Central ENERGY RELATE: Insulation-Ceiling, Storm Doors, Water Heater-Gas WATER/SEWER: City Sewer, City Water CONSTRUCTION: Frame, Vinyl EXTERIOR: Deck, Fenced Yard, Patio, Screen Porch STORIES/STYLE: 2 Stories, Traditional ROOF TYPE: Composition LOT DESCRIPTION: Less than .S Acre, Cul De Sac, Private Baekyard, Woo... PHOTO CODE: POSSIBLE FINANCE: Cash, Conventional OWNERSHIP: IDX: No POSSESSION: Negotiable SHOWING INSTRUCTIONS: Lockbox Directions: MORMON TREK BLVD TO WALDEN ROAD TO JENSEN STREET TO JENSEN COURT. Remarks: SUNNY~SPARKL~NG&SPAC~~USW/2~ST~RYGREATRM~/FP~BUILT~INPARADIGt4SPEAKERS~HUGEK~TcHENW/ISLAND NAS NEW COUNTERTOPS & LIGHTING, NEWER DW, WHITE CABINETS~ PANTRY Bt SLIDING GLASS DOORS TO SCREENED PORCH. EXTREMELY PRIVATE FENCED YARD W/TREES! WONDERFUL MASTER STE W/HUGE WALK-IN CLASET. NEW CARPET THROUGHOUT '02, REFINISHED MAPLE FLRS '03, NEW W/D '02, FR IN W/O LL HAS GAS STOVE, BUILT-IN DESK, SLIDING GLASS DOORS TO PATIO. LAUNDRY RM NAS SINK, BIG STORAGE, Addendum: This information is deemed reliable, but not guaranteed. Jill Armstrong, Lepic-Kroeger Realtors (319) 631-5455 or send E-mail to jill@jillarmstrong.com RESIDENTIAL PROPERTY SELLER DISCLOSURE STATEMENT This form approved by the Iowa City Area Association of REALTORS® Property Address: (~ ~.~ ~-'P,J .~ ~-~J C,O(.~ I~-~~ / [ OL, L¢3/3~ ~ i ,r'~ PURPOSE: Use this statement to disclose information as required by Iowa Code chapter 558A. This law requires certain sellers of residential property th includes at least one and no more than four dwelling units to disclose information about the property to be sold. The following disclosures are made by ti seller(s) and not by any agent acting on behalf of the seller(s). INSTRUCTIONS TO SELLER(S): 1) Seller(s) must complete this statement. Complete all questions, or attach reports allowed by Iowa Code section 558A.4(2). 2) Disclose all known conditions materially affecting this property. 3) If an item does not apply to this property, wdte (NA) not applicable. 4) You must provide information in good faith and make a reasonable effort to ascertain the required information. If the required information is unknown or is unavailable following a reasonable effort, use an approximation of the information and indicate by using (AP), or if Ihe information is unknown, indicate using (UNK). 5) Additional pages may be attached to this form as needed. 6) Keep a copy of this statement with your other important papers. 1. BASEMENT/FOUNDATION: Any known past or present water or other problems? Q Yes/~No If yes, explain Date of repairs 2. ROOF: Any known present problems? E~ Yes ~¢,~4o. If yes, explain Date of repairs 3. WELL AND PUMP: Any known present problems? ~1 Yes Cf, No. If yes, explain Date of repairs Any known water testa? ~1 Yes ~1 No. If yes, date of last report and results 4. SEPTIC TANKS/DRAIN FIELDS: Any known presort problems? Q Yes ~'~'4o. If yes, explain Location of tank Date last cleaned 5. SEWER SYSTEM; Any known present problems? ~1Yes'~No. If yes, explain Date of repairsJreplacement 6. HEATING SYSTEMS(S): Any known presort problems? Q Yes ~,No. If yes, explain Date of repairs/replacement 7. CENTRAL COOLIN6 SYSTEM(S): Any known present problems? Q Yes~3,,No. If yes, explain Date of repairs/replacement 8. PLUMBING SYSTEM(S): Any known present problems? Q Yes ~,No. If yes, explain Date of repairs/replacement 9. ELECTRICAL SYSTEM(S)= Any known present problems? Q Yes'c,No. If yea, explain Date of repairs/replacement 10. PEST INFESTATION (e.g., termites, carpenter ants): Any known past or present ~roblems? Q YesN/~No. If yes, dates of treatment: Any known structural damage? Q Yes Q No If yes, date of repairs/replacement 11. ASBESTOS: Any known to be present n he structure'~ ~1Yes~ No If yes, explain 12. RADON: Any known tests for the presence of radon gas? Q Yes'~i~,Ns. if yes, date of last report Results cf last report 2702 Irving Avenue Iowa City 52246 $219,900 1,793 sq. ft. 50'x118' lot size For Sale by Owners 9 AM - 6 PM 321-5766 7 PM - 10 PM 358-2834 Entry Level: Upper Floor: Lower Level: Kitchen (12'xl 1 ') Master Bed room (14'xl 2') Carpeted stairway Amana oven/stove Ceiling fan with crystal Under stairs storage room Built-in Amana microwave fixtures Full bathroom (9'x5') with Amana dishwasher Walk-in closet (9'x6') with 2- linoleum flooring 2'x5' island with cabinets tiered shelving on both Backyard walkout Cabinets extend to ceiling sides Rest unfinished Full pantry closet Beige carpeted flooring Linoleum flooring Full bathroom with: Backyard: 3-door medicine cabinet Fully landscaped with Dinin.q Room (12'x8') lighting over tub walkway and shaded Opens to kitchen and great heater unit sitting areas room linoleum flooring Raised vegetable garden (20'x15') Great Room (20'x13') Bedroom two (12'x10') Established perennial Vaulted ceiling Ceiling fan shade garden under Lighted ceiling fan Vertical blinds deck that flowers for all Gas fireplace Closet with shelving (4'x2') seasons Vaulted recess above fireplace Beige carpeted flooring Perennial wildflower area Oak-trim around all windows at back of property Bedroom three (12'xl 1 ') Wood laminate flooring Ceiling fan Laundry Room ($'x6') Closet with shelving (4'x2') Electric and gas dryer hookup Beige carpeted flooring Shelving Linoleum flooring Full Bathroom (9'x5') 2-Car Garage access Linoleum flooring Miscellaneous Miscellaneous Half Bathroom (8'x3') Hallway linen closet (4'x2') Entryway closet (8'x2') Carpeted hallway overlooking the Great Tile flooring in entryway Beige carpeting in hall and Room below stairway Outside deck (14'x10') Front Yard: Established perennial garden that flowers for all seasons IOWA CITY, IOWA PROJECT LOCATION ~ 0 , LOCATION' MA~ NOT TO SCALE Good afternoon John I wanted to clarify something that I said at last Thursday's P&Z meeting. The question that Elizabeth asked me concerning the retaining wall I think got answered incorrectly. I thought she was asking about the wall toward the north en of the project. In retrospect, I think she was inquiring about the wall between our project ant the existing neighborhood toward the south end. That wall would be 1'-2' in height if constructed. I questioned Larry Schnittjer about it and discovered there may be a possibility that this wall could be omitted. It appears that the grading changes that have been made might allow us to remove it completely. Once grading on the project is close to completion, we will determine if it is needed and if not we will leave it out. Let me know if it is less clear now that last Thursday. Glenn R. Siders Construction Coordinator Southgate Companies PH 319-337-4195 FAX 319-337-9823 www.s-~ate.com Prepared by: John Yapp, Assoc. Planner1 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 {VAC04-00002) ORDINANCE NO. AN ORDINANCE VACATING THE NORTHERN CUL-DE-SAC RIGHT-OF-WAY OF JENSEN STREET, WHEREAS, Southgate Development Company has applied for an OPDH Plan and Preliminary Plat of property known as Lot 77 of Walden Wood, Part 6; and WHEREAS, there is currently a platted cul-de-sac right-of-way at the southern end of Lot 77, Walden Wood, Part 6 that is proposed to be re-platted as a new extension of Jensen Street; and WHEREAS, the Planning and Zoning Commission has reviewed the vacation request and has recommended approval subject to the preliminary plat of a resubdivision of Lot 77, Walden Wood, Part 6 being approved; and NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~E~L~AP~J~ZV~.. The City of Iowa City hereby vacates the right-of-way legally described as follows: Commencing at the Southwest comer of Lot 77, of Walden Wood Part 6, in accordance with the plat thereof recorded in Plat Book 32, at Page 39, of the records of the Johnson County Recorder's Office; Thence 85°, 18'57"E, along the south line of said Lot 77, a distance of 312.43 feet, to the Point of Beginning of the existing street right-of-way to be vacated; Thence northeasterly, 261.80 feet, along a 50.00 foot radius curve, concave southeasterly, whose 50.00' chord bears north 85°,18'57"E; Thence S04°41'03"E, 4.86 feet, to a point on the south line of said Lot 77; Thence N89°08'01'~/, along said south line, 50.24 feet, to the Point of Beginning. Said right-of-way to be vacated contains 7,748 square feet, more or less, and is subject to easements and restrictions of record. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III SEVERARII ITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, prevision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20.__ MAYOR ATt-EST: CITY CLERK Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 8/3/04 Voteforpassage: AYES:O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: VAC04-00002 North Jensen Street Date: June 3, 2004 GENERAL INFORMATION: Applicant: Southgate Development Company 755 Mormon Trek Boulevard Iowa City, IA 52246 Phone: 337-4195 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Applicant's Attorney: Joe Holland Brewery Square Suite 300 Iowa City, IA 52240 Phone: 354-0331 Requested Action: Vacation of right-of-way Purpose: To allow a new design of North Jensen Street to be platted. Location: North terminus of Jensen Street Size: 7,748 square feet Existing Land Use and Zoning: Vacant, PDH-12 Surrounding Land Use and Zoning: North: PDH-12; open space and residential South: RS-8; single-family residential East: PDH-12; multi-family residential West: P; trail and high school Comprehensive Plan: The Southwest District Plan states that this area is appropriate for single-family residential development. File Date: May 27, 2004 45-Day Limitation Period: July 11,2004 2 BACKGROUND INFORMATION: As pad of the request for approval of a Planned Development Housing Plan and Preliminary Plat of Lot 77, Walden Wood Part 6, Southgate Development is requesting the existing platted cul-de- sac right-of-way of Jensen Street be vacated. This is to allow a new design of Jensen Street to be dedicated. ANALYSIS: There are three general criteria to apply when recommending a right-of-way vacation. Release of a street or alley right-of-way should not be recommended when it would result in 1) detrimental pedestrian or vehicular circulation; 2) interference with the rights of access to private property; or 3) if it would inhibit access of fire or emergency vehicles, or utility service vehicles. This portion of Jensen Street is not improved, and only provides access to Lot 77 of Walden Wood, Part 6. It should be vacated only if new right-of-way is designated to be dedicated through approval of the OPDH Plan and Preliminary Plat orA Resubdivision of Lot 77, Walden Wood Part 6. STAFF RECOMMENDATION: Staff recommends that VAC04-00002 a vacation of the north cul de sac bulb of the unimproved Jensen Street right-of-way, be approved, subject to the OPDH Plan and Preliminary Plat of A Resubdivision of Lot 77, Walden Wood Part 6, designating the new Jensen Street right-of-way, being approved. ATTACHMENTS: 1. Exhibit of Jensen Street right-of-way proposed to be vacated Approved by: /~c/~'~/~'/g,~~/~ Rol:)ert Miklo, Senior Planner, Department of Planning and Community Development PR£PAR[[~ BY: MMS CONSULTANTS INC - 1917 S GILBERT STREET - ~OWA CITY, IOWA, 52240 LEGEND AND NOTES ~ ~ ~ LRS RLW GDM V 08-03-04 Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ04-00015) ORDINANCE NO. AN ORDINANCE AblENDING THE ZONING ORDINANCE BY A~IENDING THE PLANNED DEVELOPI~IENT HOUSING OVERLAY taEDIUta DENSITY I~IULTI-FAI~ILY (OPDH-20) PRELII~INARY OPDH PLAN FOR OAKNOLL, LOCATED NORTH OF BENTON STREET AND EAST OF GEORGE STREET, {REZ04-0001 $) WHEREAS, the City approved a Planned Development Housing Overlay-Medium Density Multi-Family rezoning for Oaknoll on August 20, 2002 (Ordinance No. 02-4029); and WHEREAS, the rezoning included a specific preliminary OPDH Plan illustrating proposed improvements to the property; and WHEREAS, Christian Retirement Services, owner of Oaknoll Retirement Residence, has requested modifications of the previously approved preliminary OPDH plan; and WHEREAS, the Planning and Zoning Commission has reviewed the amended preliminary OPDH plan and finds the design to be in accordance with the applicable City ordinances and compatible with the surrounding neighborhood, and has recommended approval of said plan; and WHEREAS, the final OPDH plan shall include lighting, landscaping and tree protection plan for the development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The amended preliminary Housing Overlay Development Plan is hereby approved for the property described below: WEST BENTON COURT All of West Benton Court as shown on the plat of Streb's First Addition to Iowa City, Iowa, plat recorded in Plat Book 4,. Page 401 at the Johnson County Recorder's being more particularly described as follows: Beginning at the Southeast corner of Lot 15 of said Streb's First Addition; thence North 1°20' West 311.6 feet along the Westerly right-of-way line of said West Benton Court to a point of intersection with the South line of Lot 4 of Par[ Four of Terrace Hill Addition to Iowa City, Iowa, said point also being the Northeast corner of Lot 11 of said Streb's First Addition; thence South 89°52' East 50.0 feet along the South line of said Lot 4 to the Northwest corner of Lot 18 of said Streb's First Addition; thence South l°20' East 311.5 feet along the Easterly right-of-way line to a point of intersection with the Northerly right-of-way line of West Benton Street, said point being the Southwest corner of Lot 16 of said Streb's First Addition; thence North 90o00' East 50.0 feet along said Northerly right-of-way line to the point of beginning and containing 15,577 square feet more or less. LOT 6 THROUGH LOT 15 All of Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 as shown on the plat of Streb's First Addition to Iowa City, Iowa, plat recorded in Plat Book 4, Page 401 at the Johnson County Recorder's Office, containing 2.12 acres more or less. SECTION II. VARIATIONS. The amended preliminary Housing Development Plan includes an increase in height from the normally permitted 35 feet to 48 feet for portions of the building as illustrated on the plan and elevation drawings, as allowed by City ordinance. SECTION III. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. Ordinance No. Page 2 SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property and to record the same at the office of the County Recorder of Johnson County, Iowa, at the applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20__ MAYOR ATTEST: CITY CLERK ppdad nVord/rez04-00015.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 8/3/04 Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnel'l., NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: REZ04-00015 Oaknoll Phase IV Date: June 17, 2004 GENERAL INFORMATION: Applicant: Christian Retirement Services 701 Oaknoll Drive Iowa City, IA 52246 Contact Person: Shive-Hattery, Inc. 2834 Northgate Drive Iowa City, IA 52245 Phone: 354-3040 Requested Action: Rezoning to amend the previously approved OPDH-20 plan. Purpose: To allow the development of a 52-unit elderly congregate housing faciIity with dining, chapel, indoor pool, recreational room and gathering spaces Location: East of George Street, north of Benton Street Size: 2.12 acres Existing Land Use and Zoning: OPDH-20; residential Surrounding Land Use and Zoning: North: RM-44, elderly housing parking South: RS-5, residential East: RM-44, eldedy housing facility West: RS-8, residential Comprehensive Plan: This property is in the Southwest District. The Comprehensive Plat Land Use Map identifies this area as a transition between 16-24 units per acre and 8-16 units per acre. File Date: May 27, 2004 45-Day Limitation Period: July 11, 2004 2 BACKGROUND INFORMATION: In 2002 the City approved a rezoning of this property from Low Density Multi-Family (RM-12) and Medium Density Single-Family (RS-8) to Planned Development Housing Overly/Medium Denisty Multi-Family (OPDH-20). The approved OPDH Plan included a congregate elderly housing building and accompanying parking spaces. To address concerns about neighborhood transition from the Medium Density Single-Family Residential (RS-8) zone located west of George Street and this development, the OPDH Plan included a design which stepped the building down from a height of three stories to one and two stories on the west side of the building. The plan also included a provision to save the mature street trees currently located along the east side of George Street, and architectural details and use of building materials to give the new addition a residential character so that it would be cempatible with the lower scale and density development west of George Street. At the time of the rezoning, the applicant was proposing 43 congregate housing units. The applicant is now requesting that the approved plan be amended to allow up to 52 elderly congregate units. The underlying RM-20 zone would allow up to 63 congregate elderly units. The plan includes the addition of 18 underground parking spaces to serve the new units. The plan is also being revised to remove the one-story portion of the building, which was to contain an indoor swimming pool, from the west side of the building. The swimming pool is now proposed to be located in the eastern portion of the building. The applicant has also proposed the addition of a lower-level floor for some of the apartments. This level of apartments would add one floor to the building, but because the units would be below the current grade, the overall appearance of the height of the building from George Street would not change from the previously approved plan. With these amendments the actual foot print of the building would be smaller than allowed by the plan approved in 2002. ANALYSIS: Revised OPDH Plan: During the rezoning process that occurred in 2002 the City worked with Oaknoll on a plan that provided for a transition from the single family development located west of George Street and the more dense congregate housing building. Although the applicant is proposing to increase the density of development with the amended plan from 43 units to 52 units, staff believes that the revised plan would continue to provide a transition. In place of the one story wing, which would have contained the swimming pool, the applicant is proposing a sunken garden that would extend along much of the west side of the building. The land ~ to 2 story wings of the building that would extend toward George Street would remain. These wings help to step the building down from the taller portion of the building, which would be set back approximately 90 feet from George Street. The revised plan adds a level of apartments adjacent to the sunken garden. Because the grade would be lowered approximately 6 feet to create the garden area and to provide air and light for the lower level apartments, the actual appearance of the building's height would not change from George Street when compared to the previously approved building. However the zoning ordinance requires that building height be measured from the lowest point of the grade, so that technically the height of the building would be 48 feet. The applicant is requesting that the 35-foot height limit be increased as part of the OPDH plan approval. The OPDH zone does allow the City to vary building heights provided that the variances are found to be in the public interest, in harmony with the purpose of the zoning ordinance and other building regulations and will not adversely affect nearby properties. In staff's view the unique design of this proposed building with the inclusion of the sunken garden, will result in a building that is not perceptibly taller than a 35 foot tall building that is allowed in the underlying RM-20 zone. The sunken garden will provide a pleasant amenity for the residents of the proposed building as well as help create a transition to the neighboring properties. The generous set back of the taller portion of the building will also help minimize its effect on the area. As approved previously the plan continues to include the preservation of the mature trees along George Street, and architectural details and building materials that will result in a residential appearance compatible with the neighborhood. In staff's opinion the requested height variance meets the intent of the OPDH regulations. Traffic: The previously approved plan restricted access to the loading dock area to Oakcrest Street. The George Street driveway was to provide access to 24 parking spaces. These conditions would also apply to the proposed plan amendment. The amended plan includes an additional 18 below grade parking spaces. These spaces would be accessed from the existing parking structure, which has a driveway to Oakrest Street. The portion of Benton Street that serves Oaknoll is considered to be at capacity for a two-lane arterial street. Staff does not feel the proposed expansion of Oaknoll will cause a significant increase to the Benton Street traffic stream, due to the nature of the facility, and the emphasis Oaknoll has on using vans for transportation of many of its residents. City Council policy has been that there will be no widening of Benton Street. STAFF RECOMMENDATION: Staff recommends that REZ04-00015 a rezoning to amend the preliminary OPDH plan to allow up to 52 congregate housing units on 2.12 acres of property in the Planned Development Housing Overlay/Medium Density Multi-Family (OPDH-20) zone including an increase in height up to 48 feet be approved. ATTACHMENTS: 1. Location Map 2. Previously approved OPDH plan 3. PreliminaryOPDH plan 4. Building elevations 5. Applicant's statement Approved by: Karin ~ranklinl Director, Depa(tment of Planning and Community Development ppdadrnin~stfrep\REZ04-00015.doc __'~ ~ ~ ~ ~ MARIETTA AVE -- ~oo/ '~_,L~,2,,:.~ ~ ~ ~ ~ -~ S~%~ ~0~[0~= George St. and W. Benton St. REZ04-O0015 P usly Approved Site Plan ;. o , ~C 2~ ~ ~. ' Oaknoll Retirement Residence ,,~ SI-IIxCI~,~-[.~I-Z'~.[{¥ Master Plan Phase IV Independent Living community Addition ~x~' Ced~ R~ ~, ~ C~y, L~, ~ ~ ~ Meline, IL · I~oo, IL, Chicago, IL Scale: 1' = 100'-0' htl~'/www#r=~e-halt ec/z~m Re~ed Site Plan  Oaknoll Proposed Addition F~ Level - 33,439 square feet  Si~ Level - 25,935 square feet Oaknoll Retirement Residence ~ ~.~[-I~,][--~,,-]~.]~¥ Master Plan Phase IV Independent Living community Addition \~ ~r~ ·, .~.~ ,--~ ~L Scale: 1" = 100'-0" Front Entry Concept Rendering BENTON STREET George Street Elevation BENTON STREET OAKCREST DRI~ North - South Site Section A Oaknoll Retirement Residence A SHIVE,HATTEIIY North- South Site Section & Elevation Phase IV Independent Uving Community Addition -~ ce~r ~,,-~ ,A, ~, ,~ · ,-,- ~~ ~ my, ~ ~ ~ ~ ~ IL, Bk343a1~l~xl, IL, Chicago, IL Scale: No Scale Oaknoll Planned Development Preliminary Plan Rezoning Amendment to (OPDH) Application DOCUMENTS REQUIRED FROM APPLICANT: 9. Additional Information: This application is an amendment to the previously approved OPDH in 2002. Requested amendments to that plan are for number of units and height of building above grade. a. Statement of Intent: Christian Retirement Services, Inc. plans to develop the subject properties, in accordance with the OPDH Plan, fxom the east side of the 700 block of George Street to the vacated West Benton Court area, with an independent living community addition. This area was approved in 2002 for a rezoning to OPDH20. The previously approved plan incorporated 43 units and this amendment is to add 9 more units within the approved buildings footprint for a total of 52. The zoning will allow up to 63 units for the given site area. This will be accomplished by _.-r moving the swimming pool structure, that was on the west side facing George -- ~treet, to an area within the building on Level 3. The area below the apartments ~ ~: ~_~' ~ cgn Level. 4 is where the additional, units will be added. The area vacated by the LL~ '~ ~ ,~pool wdl now become outside gardens and green space decreasing the amount of _.j r~ C.~ ,~--building occupying the land along George Street. -- ~<LThe amendment for height is not a request to make the proposed building taller by ~addmg more floors than was previously approved. Because of the sloping s~te, --the height of the building on the North side is taller than the 35 feet allowed by zoning. This elevation is also 235 feet back from Oakcrest Street and the building stair steps up thus lessening the impact of the height. On the west side facing George Street, the grade will be depressed below the existing to remain George Street grade, to allow for the additional apartments discussed above. If we look at the elevation of grade, 5'-0" from the building, all around the building, our highest condition is on the north side where the height above grade will be 48 feet. This is 13 feet higher than allowed by zoning and we would request that with this amendment that the allowable height be increased to 48 feet. This places the mid-point of the gabled roof portions of the proposed building at roughly 7'-6" above Oaknoll's existing Benton Street apartment building. The parapet wall would then be 5'-6" higher and the roof height 4'-0" higher than the Benton Street building. Christian Retirement Services, Inc. plans to use existing landscaping and unique architectural elements to preserve the single-family neighborhood atmosphere of George Street while creating a quality living environment for its residents. 104129-0 Page 1 IOWA b. Evidence of Ownership: Christian Retirement Services, Inc. is presently the owner of Lots 6 through 15 of Streb's First Addition to Iowa City, Iowa. Lots 10 and 11 have been converted to a parking lot and is used by Oaknoll. The remaining lots contain single-family homes. With the exception of two homes, senior citizens occupy all the homes with the same contract status as residents occupying the main facility of Oaknoll. Christian Retirement Services, Inc. owns all the properties immediately adjacent to the north and east of these subject lots, as well as the vacated West Benton Court. Lots 1 and 2 of Grandview Manor Second Addition, Lot 4 of the Terrace Hill Addition, and Lots 16, 17, and 18 of Streb's First Addition are currently used for the existing Oaknoll Retirement Residence and parking. c. Description of Development: The Oaknoll Phase IV Independent Living Community Addition (now being called the George Street Addition) will include elder independent living apartments, the relocation of Oaknoll's existing food service facilities, an indoor swimming pool, fitness area, barber and beauty salon, parking, and other common resident areas. When the Phase IV Addition is completed, the main entrance to the Oaknoll Retirement Residence will be relocated from Oaknoll Drive to West Benton Street. This driveway entrance will be located near the existing West Benton Court intersection with West Benton Street. In addition to the parking deck finishing completion and the planned deck parking on the east side near the current main entrance, additional under building parking may be added with access from the lower level of the existing parking structure. See attached plan. d. Time Schedule for Completion: Construction of two-level parking structure and parking improvements at the southeast comer of the intersection of George and Oakcrest Streets will start November 2002 and will be completed July 2004. Construction of two-level parking structure and parking improvements adjacent to existing Oaknoll office, west of Oaknoll Drive will start in the Fall of 2004 (earliest) and will be completed in the Spring of 2007. 104129-0 Page 2 Phase W Independent Living Community Addition will start in the Fall 2004 (earliest) and will be completed in the Spring 2007 (estimated 18-month construction period). 10. Names and Mailing Addresses of Property Owners within 600 feet: See Attached List 11. Applicant's statement as to why zone change is warranted: The Phase IV Addition completes the existing community orientation with a lower planned density per acre. Although multi-family zoned, this addition will have a lower density than the properties to the east and north sides of the existing Oaknoll Retirement Residence. Oaknoll has historically planned its developments to accommodate the surrounding neighborhood environment, meet the requirements of the City of Iowa City, and provide for its residents a pleasant area in which to live. We request that the council's decision regarding this zoning amendment be expedited, as the changes from the previously approved rezoning are minor. These changes include the total number of proposed units being increased from 43 to a maximum of 52 and the footprint of the building facing west to George Street being decreased by relocating the swimming pool to the inside of the building on Level 3. The height amendment is to allow for a sloping site and will not affect the George and Benton streets visual elevations. 104129-0 Page 3 Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ04-00013) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 75.25 ACRES FROM INTERIM DEVELOPMENT SINGLE-FAMILY (ID-RS) ZONE TO SENSITIVE AREAS OVERLAY/LOW DENSITY SINGLE-FAMILY RESIDENTIAL (SAOIRS-5) ZONE FOR PROPERTY LOCATED NORTH OF FOSTER ROAD. (REZ04-000'I3). WHEREAS, the applicant, Regency Land Company, LLC, has requested a rezoning and approval of a Preliminary Sensitive Areas Development Plan to allow development of a mix of single-family and multi-family dwellings on property located north of Foster Road; and WHEREAS, the Planning and Zoning Commission has found that the proposed Sensitive Areas Development Plan provides many design features encouraged by the Comprehensive Plan including preservation of wetlands, environmentally sensitive features, a landscape buffer adjacent to Interstate 80, a variety of housing styles, and a pedestrian trail network; and WHEREAS, the Planning and Zoning Commission has found that the plan uses rear lanes and housing design techniques to minimize curb cuts and the visual dominance of garages and front yard paving as recommended by the Comprehensive Plan for medium and higher density developments; and WHEREAS, the Planning and Zoning Commission has found the Sensitive Areas Overlay Plan to be in conformance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed Sensitive Areas Development Plan, including variations from the underlying RS-5 zoning to allow a mix of single-family, duplex, and multi-family buildings; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of Interim Development Single-Family (ID-RS) to Sensitive Areas Overlay/Low Density Single-Family Residential (SAO/RS-5) zone and the associated Preliminary Sensitive Areas Development Plan is here by approved: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., THENCE SOUTH 20.37 CHAINS (BEARING OF SAID LINE NORTH 8°15' WEST) TO THE SOUTHEAST CORNER OF SAID LOT WHICH IS ALSO THE NORTHWEST CORNER OF LOT 6 IN SAID SECTION 4, THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6, 10.73 CHAINS, THENCE SOUTH 12.84 CHAINS TO THE CENTER OF THE PUBLIC HIGHWAY (BEARING OF SAID LINE NORTH 4°45' WEST), THENCE WEST ALONG THE CENTER OF PUBLIC HIGHWAY 9.98 CHAINS TO THE EAST LINE OF LOT 2 IN SAID SECTION 4 (BEARING OF SAID LINE NORTH 82°45' EAST), THENCE IN A NORTHWESTERLY DIRECTION 0.78 CHAIN TO A POINT IN A LINE RUNNING EAST AND WEST THROUGH SAID LOT 2, THENCE WEST 20.90 CHAINS TO THE EAST BANK OF IOWA RIVER (BEARING OF SAID LINE NORTH 82°45' EAST), THENCE NORTH 2°30' EAST 9 CHAINS, THENCE NORTH 25°15' WEST 26.04 CHAINS TO THE NORTHWEST CORNER OF LOT 1 IN SAID SECTION 4, THENCE NORTH 82°32' EAST 27.30 CHAINS TO THE PLACE OF BEGINNING, EXCEPT THE FOLLOWING DESCRIBED TRACT: BEGINNING AT A POINT 10.73 CHAINS EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT 6 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., THENCE SOUTH 12.84 CHAINS TO THE CENTER OF PUBLIC HIGHWAY (BEARING OF SAID LINE NORTH 4°45' WEST), THENCE WEST ALONG THE CENTER OF PUBLIC HIGHWAY 33 FEET, THENCE NORTH PARALLEL WITH THE NORTH AND SOUTH LiNE LAST ABOVE DESCRIBED TO THE NORTH LINE OF SAID GOVERNMENT LOT 6, THENCE EAST 33 FEET TO THE POINT OF BEGINNING, ALSO EXCEPT THAT PART HERETOFORE CONVEYED TO THE STATE OF IOWA FOR INTERSTATE 80 AND ALSO SUBJECT TO EASEMENTS OF RECORD, AND EXCEPT FOR THE FOLLOWING: BEGINNING AT A POINT 10.73 CHAINS EAST OF THE NORTHWEST CORNER OF GOVERNMENT LOT SIX (6) IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 8 WEST OF THE 5TH P.M., THENCE SOUTH 12.84 CHAINS TO THE CENTER OF THE PUBLIC HIGHWAY, THENCE WEST ALONG THE CENTER OF THE HIGHWAY 33 FEET TO THE POINT OF BEGINNING, THENCE NORTH PARALLEL WITH THE EAST LINE OF GOVERNMENT LOT SIX (6), 223 FEET, THENCE WEST 110 FEET, THENCE SOUTH 223 FEET, MORE OF LESS, TO THE CENTER OF THE PUBLIC HIGHWAY, THENCE EAST ALONG THE CENTER OF THE HIGHWAY 110 FEET TO THE POINT OF BEGINNING. NOTE: ABOVE DESCRIBED EXCEPTION HAS BEEN QUIT CLAIMED TO WASHINTON PARK PARTNERS, RECORDED IN BOOK 2985, PAGE 259, RECORDS OF JOHNSON COUNTY, IOWA, AND IS PART OF THE LAND SURVEYED HEREON, EXCEPTING THEREFROM A PARCEL ACQUIRED FOR FOSTER ROAD RIGHT-OF-WAY, Ordinance No. Page 2 AS RECORDED IN BOOK 2867, PAGE 133, RECORDS OF JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: THAT PART OF GOVERNMENT LOT 6 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE N 1/4 CORNER OF SAID SECTION 4; THENCE S 03° 07' 37" E ALONG THE EAST LINE OF GOVERNMENT LOT 1 OF SAID SECTION 4 A DISTANCE OF 1350.07 FEET (1344.4 FEET RECORD) TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 6; THENCE N 88° 42' 34" E ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 6 A DISTANCE OF 707.33 FEET (708.2 FEET RECORD); THENCE S 00° 00' 01" E 849.40 FEET (847.4 FEET RECORD) TO A POINT ON THE CENTER LINE OF FOSTER ROAD; THENCE S 87° 59' 23" W ALONG SAID CENTER LINE 33.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 87° 59' 23"W 110.00 FEET; THENCE N 00° 00' 01" W 35.02 FEET; THENCE N 87° 59' 23" E 110.00 FEET; THENCE S 00° 00' 01" E 35.02 FEET TO THE POINT OF BEGINNING, CONTAINING 3850 SQUARE FEET INCLUDING 3647 SQUARE FEET IN EXISTING ROAD. AND ALSO EXCEPTING THEREFROM A PARCEL ACQUIRED FOR FOSTER ROAD RIGHT-OF-WAY, AS RECORDED IN BOOK 2867, PAGE 129, RECORDS OF JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: THOSE PARTS OF GOVERNMENT LOTS 2 AND 6 IN SECTION 4, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., iOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE Nll4 CORNER OF SAID SECTION 4; THENCE S 03° 07' 37" E ALONG THE EAST LINE OF GOVERNMENT LOT 1 OF SAID SECTION 4 A DISTANCE OF 1350.07 FEET 0344.4 FEET RECORD) TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 6; THENCE N 88° 42' 34" E ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 6 A DISTANCE OF 707.33 FEET (708.2 FEET RECORD); THENCE S 00° 00' 01" E 849.40 FEET (847.4 FEET RECORD) TO A POINT ON THE CENTER LINE OF FOSTER ROAD; THENCE S 87° 59' 23" W ALONG SAID CENTER LINE 143.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 87° 59' 23" W 517.75 FEET; THENCE N 70° 22' 54" W 51.70 FEET (51.5 FEET RECORD); THENCE S 87° 59' 23" W 586.96 FEET TO A POINT ON A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 385.00 FEET, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 111.19 FEET THROUGH A CENTRAL ANGLE OF 16° 32' 48" AND HAVING A CHORD BEARING N 79° 42' 58" E 110.80 FEET; THENCE N 87° 59' 23" E 1044.34 FEET; THENCE S 00° 00' 01" E 35.02 FEET TO THE POINT OF BEGINNING, CONTAINING 28,147 SQUARE FEET INCLUDING 11,215 SQUARE FEET IN EXISTING ROAD. SECTION II. VARIATIONS. Section 14-6K-1 of the City Code provides that variations in zoning and subdivision requirements may be approved for Sensitive Areas Development Plans to permit the clustering of density. The following variations from the RS-5 zoning requirements and subdivision regulations are hereby approved as part of the Preliminary Sensitive Areas Development Plan: a. The RS-5 minimum lot width and lot area requirements are reduced for certain lots as shown on the Preliminary Sensitive Areas Development Plan, subject to compliance with Section 14-6K-1- N3k at the time of administrative approval of the Final Sensitive Areas Development Plan; and b. The inclusion of multi-family and duplex buildings on Lots 1-22 are permitted as shown on the Preliminary Sensitive Areas Development Plan; and c. The minimum street width of Tranquil Bluff Trail and Arch Rock Road is reduced from 28 feet to 26 feet. SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and a copy of the Preliminary OPDH Plan for this property, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliot~ Lehman O'Donnell Vanderhoef Wilburn First Consideration 8/3/04 Voteforpassage:AYES: Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published City of Iowa City MEMORANDUM Date: July 15, 2004 To: Planning and Zoning Commission From: Robert Miklo Re: REZ04-00013/SUB04-00021 Mackinaw Village Estates We are awaiting a revised Sensitive Areas Site Plan and Tree Protection Plan that addresses the issues identified in the staff report and/or discussed at the July 1 Planning and Zoning meeting. Items that need clarification include: 1. If the applicant chooses not to dedicate Outlot B (formerly Outlot E) as a park, a 1.77-acre aroa to be dedicated for neighborhood open space, should be shown along the trail in the northwest part of Outlot B. At the time of final plat approval the legal papers will need to address the long-term preservation and maintenance responsibilities of the Home Owners Association for Outlot B. 2. The construction limits line should be clearly shown on the Sensitive Areas Development Plan. It is necessary for protection of the wetland buffer, protect trees and slope areas. 3. We have asked the applicant to include some hardwood trees along with a mixture of evergreens and poplar trees in the buffer along Interstate 80. 4. We have not received revised elevations for the townhouse style multi-family buildings on lots 20-21. If revised elevations are not submitted prior to the July 15 meeting, we have asked the applicant to revise note #1 on the Sensitive Areas Development Plan to indicate that building elevations for these lot will be approved at the time of the Final Sensitive Areas Development Plan approval. 5. We have asked for a note on the plan indicating that the townhouse-style multi- family buildings on lots 3 to 19 will include a variety of designs consistent with those submitted with the application. The facades should consist of differing colors, siding material, brick colors, textures and architectural details. 6. The revised tree protection plan should provide for protection of trees where grading is not necessary for building sites, street construction or installation of utilities. We have asked the applicant to identify specific trees or groves of trees that will be protected during the subdivision construction process. Areas where trees should be protected include the back of lots 44 to 52, lots 61 to 81 and lots 100 to 102 adjacent to Foster Road. 7. A note should be added to the Sensitive Areas Development Plan indicating the a pro-construction meeting will be held between the City Development Regulations Specialist and the tree removal and grading contractors prior to any development activity on the site. The construction limit and buffer areas will need to be fenced and or staked prior to development activity. 8. The applicant has submitted a wetland delineation. If the Army Corp of Engineers does not approve the wetland delineation prior to the Commission's vote, approval will need to be subject to wetland confirmation. If the final wetland's delineation includes a larger area, the Sensitive Areas Development Plan will need to be modified accordingly. Assuming that revised plans are submitted prior the July 15 this application may be voted on at the next Planning and Zoning Commission meeting; if not this application should be deferred to the August 5 meeting. STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: REZ04-00013/SUB04-00021 Date: July 1, 2004 Mackinaw Village Estates GENERAL INFORMATION: Applicant: Regency Land Company LLC 1520 Midland Court NE Cedar Rapids, IA 52402 Contact Person: MMS Consulants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351 8282 Requested Action: Rezoning from ID-RS to SAO/RS-5 Preliminary Plat Purpose: Development of 115-1ot subdivision, including 2 16-unit multi-family buildings, 72 townhouse style dwellings and 93 single-family lots. Location: North of Foster Road Size: 75.25 acres Existing Land Use and Zoning: One single family house and undeveloped, ID-RS Surrounding Land Use and Zoning: North: Interstate 80, water plant, residential and undeveloped - P and ID-RS South: Golf course - ID-RS East: Residential- ID-RS and RM-12 West: Iowa River Comprehensive Plan: Conservation and Cluster development 2-5 units per acre. File Date: June 23, 2004 45 Day Limitation Period: August 7, 2004 BACKGROUND INFORMATION: This property is located in the North District. It contains several environmentally sensitive features including the Iowa River corridor and flood plain, wetlands, regulated slopes and woodlands. The 2 Comprehensive Plan indicates that this property is appropriate for RS-5 zoning. The applicant is requesting a Sensitive Areas Overlay zone to allow variances to permit multi-family buildings, a reduction of lot area and lot width for certain lots and a reduction of street width for Arch Rock Lane and Tanquil Bluff Trail. The property contains one single-family home located at the corner of Foster Road and Arn Lane (a private drive). This existing dwelling will be removed prior to development of this property. ANALYSIS: Comprehensive Plan: Streets and Traffic: Currently Foster Road provides the only street access to this property and much of the land west of Dubuque Street. Due to the limited street access it has been the City's policy that zoning and development of land west of Laura Drive including this property should be limited to RS-5. It has also been the City's policy to limit street intersections and curb cuts onto Foster Road to as few as possible so that its capacity can be preserved. To improve traffic circulation in the area the North District Plan shows a loop street connecting Laura Drive and Foster Road as a means of providing access to the properties north of Foster Road. This application complies with these policies. Historically, standard RS-5 subdivisions have resulted in a density of just under 2 single-family homes per acre. This is the density achievable after land is set aside for public streets, storm water management facilities and open space. When clustering is allowed through a Planned Development Housing Overlay or a Sensitive Areas Overlay, higher densities are possible. Recent OPDH-5 developments have achieved densities as high as 3.25 units per acre. The proposed Mackinaw Village Estates would have a density of 2.6 units per acre, which is well with in the range contemplated by the Comprehensive Plan for this area. Mackinaw Village includes Algonquin Road, which will connect Foster Road to the Arn property. When the Arn property develops Algonquin Road can be extended to the north and then to the east to connect to Laura Drive. This will provide for the street network anticipated in the Comprehensive Plan. Mackinaw Drive provides access to the western part of this subdivision. Staff believes that the two streets intersecting with Foster Road is a reasonable number for a subdivision of this size and will be in compliance with the policy of minimizing intersections with Foster Road. Neighborhood Design: The North District Plan promotes the use of cluster development of this area to preserve the environmentally sensitive features such as the Iowa River corridor, steep slopes and woodlands. The plan suggests conservation design development for the portion of the property that that contains steep slopes and woodlands and suggests the clustering of medium density development in the flatter areas near Foster Road. The applicant's plan generally depicts larger lots north of Mission Point Road and smaller lots and multi-family buildings closer to Foster Road where the property is less encumbered by environmentally sensitive features. The Comprehensive Plan notes that development in the North Planning District along Interstate 80 should take traffic noise into consideration during development, and the North District Plan states that 1-80 will be reconstructed to six to eight lanes in the near future. The District Plan suggests that existing trees be preserved and that additional trees be planted to provide a visual and possibly sound buffer for the homes that will be located adjacent to the Interstate. Lot s 42-44 and 51 to 57 are large and contain a 150-foot dwelling set back from the interstate. Accessory buildings, such as garages and tool sheds, will be allowed in the 150 foot set back, but homes will be restricted to the southern part of the lots. A landscape buffer consisting of a variety of evergreens and deciduous trees is proposed adjacent to the Interstate. As discussed below the tree retention plan should emphasize preservation of existing trees within the development to further buffer this neighborhood from the interstate. The North District Plan and Sensitive Areas Ordinance promote the concept of clustering to allow development away form environmentally sensitive features. Thus the applicant's proposal to include smaller single-family lots, townhouse style multi-family buildings and 2 16-unit multi- family buildings is appropriate. The North District Plan and Sensitive Areas Ordinance also discuss the importance of design when higher density development is proposed. Where a variety of housing types is mixed within a development, the architectural styles, scale, materials and massing of buildings should be compatible. This allows for more aesthetically pleasing transitions and compatible neighborhoods. For the most part this proposal complies with these policies and requirements. The 2 16-unit multi-family buildings are 2 stories in height compared to the typical 3 story multi-family building often built in Iowa City. The building design, which includes bays, balconies and trim and the use of masonry on the first floor with siding above will help define the residential scale of the buildings. These buildings include attached garages on each end. A landscape berm and hedges are proposed to screen the view of these garages. An evergreen screen is proposed along the eastern property line. In staff's view, the 2-story height, building design and landscaping features will make the multi-family buildings compatible with existing and proposed development in this area and warrant a Sensitive Areas Development Plan variance to allow multi-family buildings in an RS-5 zone. Lots 3-19 are proposed to contain townhouse style dwellings with 2 to 4 units per lot. The applicant has submitted 3 building elevations for these models. At this point the applicant is not sure which model will be built on which lot. The applicant has indicated their intent to use a variety of facades. This should be noted on the Sensitive Areas Development Plan to help assure that these streets do not have a monotonous appearance. These townhouses will have rear lanes that provide access to 2-car garages. A landscape medium will enhance the rear lanes. The use of the rear lane will allow these attached units to be built without paving in the front yard and there will be no curb cuts onto Arch Rock Lane. In staffs view if a variety of facades are used the townhouse design will result in a pleasant streetscape compatible with existing and proposed development in this area and warrants a Sensitive Areas Development Plan variance to allow attached dwellings in an RS-5 zone and the reduced street width for Arch Rock Lane. Lots 20 to 22 are proposed to have 4-unit townhouse style dwellings with front driveways and curbcuts onto Mission Point Road. The applicant has indicated the gas pipe line easement on the north side of these lots make a rear lane more difficult. The front driveways will result in an extensive amount of paving the front yard of these units. The RSo5 zone allow for only 50% of the front yard to be paved. On lot 21 this would be exceeded. The applicant has indicated a willingness to work with staff to modify the building elevation to soften the appearance of the garage and to reduce the amount of front yard paving. Lots 24,25,28,29 and lots 90-100 and lots 103 to 106 and lot 108 to 114 do not meet the minimum lot width and/or lot area requirements of the RS-5 zone. These lots are essentially RS-8 lots proposed in an RS-5 zone. The Sensitive Areas Overlay zone allows the clustering of density by reducing lot size and lot width but the ordinance contains criteria for development on smaller lots (Section 14-6K-1 N.3.k. (1)). The applicant has indicated that they do not yet have specific house plans for these smaller lots. At the time of Final Sensitive Areas Development Plan approval the applicant will need to demonstrate compliance with the this provision in order to receive the variance to allow the lots which are substandard to the RS-5 and lot width and lot area requirements. 4 The Comprehensive Plan promotes the development of a pedestrian trail network throughout the North District. To accomplish this Comprehensive Plan goal, the Iowa River Trail connection is proposed along Mackinaw Drive and Manitou Trail as an 8-foot wide sidewalk (the City will pay for paving cost over 4 feet) and then continues between lots 57 and 58 to the Interstate 80 right-of-way. Sensitive Areas Overlay Requirements: Woodlands: A revised tree protection plan was submitted on June 25. Staff has not yet had time review the plan. We hope to complete our review prior to the July 1 Planning and Zoning Commission meeting. Staff will review the plan for compliance with the requirements of the Sensitive Areas Ordinance and the policies of the Comprehensive Plan, which indicate that the highest priority should be given to woodlands in the floodplain and on protected, critical, and steep slopes. Another goal is retention of as many specimen-quality trees as possible. In this particular location, emphasis should be placed on maintaining groves of trees as noise buffers between development and the Interstate 80. Wetlands: There is a large area on the map marked as "Probable Wooded Wetland. A wetland delineation accepted by the Army Corp of Engineers is required. A wetland mitigation plan is necessary to show how storm water runoff will be treated. Conservation Easements: Conservation easements (no-build lines) will be necessary for all private lots that contain protected slopes, retained woodlands, floodplain areas, wetlands, or their respective buffers. Construction activity is not allowed in these areas. Open space: The zoning and subdivision ordincance requires the dedication of 1.77 acres of neighborhood open space for a subdivision of this size. The plan includes several Outlots including Outlot E, which includes the flood plain, wetlands and areas of steep and protected slopes. The City has accepted a similar Outlot in Oakmont Estates. The Parks and Recreation Commission has reviewed the plat and has indicated a willingness to accept dedication of Outlot E to fulfill the neighborhood open space requirements. If the applicant decides to retain Outlot E the Parks and Recreation Commission will need to determine if it would like a 1.77- acre portion to be dedicated. If the applicant retains the Outlot E a conservation easement will be necessary to protect the sensitive areas located on it. The Home Owner's Association will also need to assume maintenance responsibilities and liability for the property. Outlot C is a private open space located over the gas pipeline easement. It is surrounded by Tanquil Place and Manitou Trail. Because Tanquil Place will have only 8 homes and will have curb cuts on only one side, it is proposed to be reduced to 26 feet in width as allowed by the Sensitive Areas Ordinance. Storm water management: Storm water will be directed to the Iowa River and no detention basins are required for most of this property. The area near Algonquin Road currently drains to the east. The applicant proposes to redirect it towards the west so that no detention facilities will be required. A grading and erosion control plan and a storm water management plan are necessary to show protection of the wetlands and the Iowa River corridor, Development Fees: A $395 per acre water main extension fee applies to this subdivision. There are no Sanitary Sewer fees for this area. 5 STAFF RECOMMENDATION: Staff recommends deferral pending review of the tree protection plan, grading and erosion control plan, and resolution of the deficiencies noted below. Upon resolution of these items staff recommends approval of REZ04-00013/SUB04-00021 a rezoning from Interim Development Single-Family (ID-RS) zone to Sensitive Areas Overly/Low Density Single-Family (SAO/RS-5) zone and a preliminary plat and Sensitive Areas Development Plan for Mackinaw Village Estates, a 75.25 acre subdivision including two 16-unit multi-family buildings, 72 town house style dwellings and 93 single family lots located north of Foster Road. DEFICIENCIES AND DISCREPANCIES: 1. Tree requirement tables for lots 1-22 should be corrected. 2. A wetland delineation should be submitted. 3. Outlots C and E will need to be reletter as Outlot A and B. Approved by: ~ ' DKae~a n~mraennktl ionf pDliar~ti~ a n d' ' Community Development RS5 ~ SITE LOCATION: Fostor Road RF:Z04-00013 I+ Preliminary Plat and Sensitive Areas Development Plan [ Mackinaw Village Iowa City, Iowa ~~- .-..-- -~ - :~,-.-~ ~,-.~ ~,-.~ '-..~'-~ ...... ..... -'' " Multi-family building Lots and 2. Townhomes · / C and D units 1015 to 1459 Square Feet Per Unit Approx. Main Floor Upper Floor Artist's Conception Regency Homes Some plans are shown with options "The New American Dream" ~Regency Builders, Inc 1997 Visit us on the web www.regencyhomes-usa.com West ate Townhomes Legacy Series A and B units 1392 to 1127 Square Feet Per Unit Approx. Main Floor Upper Floor Artist's Conception Regency Homes Some plans are shown with options "The New American Dream" Otegency Builders, Inc ~ 997 Visit us on the web www.regencyhomes usa.corn West ate Townhomes _ Slab on Grade ~ I[,,ml ENEI~GY ~rHAN HOMES BUILT TO THE MODEL ENERGY CODE' SPECIFICATIONS Unit plans ACBA 1243-1608 Square Feet Approx. Opt2 Opt 2 Garage A2 C2 B2 A1 A2 C2 B2 A1 Main Floor Upper Floor Artist's Conception ~gency Some plans are shown with options ~ ©Regency Builders, Inc 2001 "Building The New American Dream" Unit A Opt. 2 car Garage Kit. 114x89 Dining 126x10° Living 19°xl 2~ L[] ~ Upper Floor Plan Main Floor Plan Standard Bath Option Upper Floor Plan Upper Floor Plan Bubble Tub Option 2 Bath Option Artist's Conception P~e~ency some plans are shown with options ©Regency Builders, Inc 2001 ~ "Building The New American Dream Jordan Pointe ii!I Standard Elevation Al, A2,& B2 Units 1278 to 1607 Square Feet per Unit Approx. B2 B2 ;... ~ A~ B2 _ B2 A2 , .~. , Main Floor Upper Floor Artist's Conception Regency Homes Some plans are shown with options "The New American Dream" (~Regency Builders, lnc 2000 Visit us on the web www.re§encyhomes usa.corn Prepared by: Tokey Boswell, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ04-0001§) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.2 ACRES FROM COMMERCIAL OFFICE (CO-1) ZONE, TO COMMUNITY COMMERCIAL (CC-2) ZONE, SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED AT 1901 BROADWAY STREET. WHEREAS, the property at 1901 Broadway Street, owned by the Abraham Enterprises LLC, is currently zoned CO-1, Commercial Office; and WHEREAS, Abraham Enterprises LLC has requested the rezonin9 of this parcel of property from its current zoning designation to CC-2, Community Commercial; and WHEREAS, the proposed rezoning will allow a wider range of commercial and retail uses to be mixed with residential space; and WHEREAS, Iowa Code 414.5 (2003) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that mixed-use developments clearly delineate parking for residents; and WHEREAS, the proposed rezoning is compatible with the Comprehensive Plan for the area, provided that certain conditions related to the delineation of parking for residents contained in the Conditional Zoning Agreement are adhered to; and WHEREAS, the applicant acknowledges that said conditions and restrictions are reasonable to ensure appropriate mixed-use development; and WHEREAS, the applicants have agreed to develop this property in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate mixed-use development in this area of the City. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the parcel described below is hereby reclassified from its current zoning designation of CO-1, Commercial Office, to CC-2, Community Commercial: Beginning at the southwest corner of Lot 3, part of Block 1, Braverman Center, to Iowa City, Iowa in accordance with the plat recorded in Book 12, at Page 39, of the records of the Johnson County Recorder's Office; thence N22°04'00"E, 229.50 feet; thence S67°56'00"E, 225.00 feet; thence S22°04'00'W, 117.50 feet; thence southwesterly 112.85 feet, along an arc of a 533.27 foot radius curve, concave southeasterly, whose 112.64 foot chord bears S16°00'15"W; thence N67°56'00"W, 236.89 feet, to the Point of Beginning. Said tract of land contains 1.20 acres, and is subject to easements and restrictions of record. SECTION I1. ZONING MAP. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION Iii. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, at the applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 8/3/04 Voteforpassage:AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Champion. NAYS: Wilburn, Bailey. ABSENT: None. Second ConsideraUon Vote for passage: Date published Resolution No. Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ., 2004. MAYOR ATTEST: CITY CLERK Approved byCi~ ppdadm/ord/REZ04-00016.dcc Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration ~/3/04 Voteforpassage:AYES: Ba~]e~', Champion, E]]iott, Lehman, 0'Donne]I, Vanderhoef, t~i]burn. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Tokey Boswell, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5230 (REZ04-00016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), and Abraham Enterprises LLC, an Iowa General Partnership (hereinafter "Owner"). WHEREAS, Owner, as legal title holder, has requested the City rezone approximately 1.20 acres of land located at 1901 Broadway Street from CO-1, Commercial Office to CC-2, Community Commercial; and WHEREAS, the proposed rezoning will allow a wide range of commercial and retail uses to be mixed with residential uses; and WHEREAS, Iowa Code 414.5(2003) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that mixed-use developments clearly delineate parking for residents; and WHEREAS, the proposed rezoning is compatible with the Comprehensive Plan for the area provided that certain conditions contained in the Conditional Zoning Agreement are adhered to; and WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure appropriate mixed-use development; and WHEREAS, Owner has agreed to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement to ensure appropriate mixed-use development in this area of the City. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Abraham Enterprises LLC is the owner and legal title holder of property located at 1901 Broadway Street, which property is more particularly described as follows: Beginning at the southwest corner of Lot 3, pad of Block 1, Braverman Center, to Iowa City, Iowa in accordance with the plat recorded in Book 12, at Page 39, of the records of the Johnson County Recorder's Office; thence N22°04'00"E, 229.50 feet; thence S67°56'00"E, 225.00 feet; thence S22°04'00"W, 117.50 feet; thence southwesterly 112.85 feet, along an arc of a 533.27 foot radius curve, concave southeasterly, whose 112.64 foot chord bears S16°00'15"W; thence N67°56'00"W, 236.89 feet, to the Point of Beginning. Said tract of land contains 1.20 acres, and is subject to easements and restrictions of record. Owner acknowledges that the City wishes to ensure that mixed-use developments in this area of the City clearly delineate residential and commercial parking areas. Therefore, Owner agrees to certain conditions over and above City regulations in order to ensure that rezoning of the subject property provides for the delineation of residential and commercial parking areas. Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ04-00012) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.34 ACRES FROM COMMUNITY COMMERCIAL (CC-2) ZONE TO HIGH DENSITY MULTIFAMILY RESIDENTIAL (RM-44) ZONE FOR PROPERTY LOCATED AT 520-522 S. GILBERT STREET. WHEREAS, the applicant, James Clark, has requested that said properly be rezoned from CC-2, Community Commercial, to RM-44, High Density Multifamily Residential; and WHEREAS, said property is contiguous with a RM-44, High Density Multifamily Residential zone; and WHEREAS, said rezoning is consistent with the comprehensive plan as amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of CC-2, Community Commercial, to RM-44, High Density Multifamily Residential. Lyon's First Addition, Block 1, Lots 12,13,14,15 and 16. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION Ill. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to cedify a copy of this ordinance and to record the same at the office of the County Recorder of Johnson County, Iowa, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,2004. MAYOR ATTEST: CITY CLERK City Attorney's Office 2. in consideration of the City's rezoning the subject properly from CO-1 to CC-2, Owner agrees that development and use of the subject property will conform to all requirements of the RS-8 zone as well as the following additional conditions: a. Development of the property shall include dedication of no less than eight (8) parking spaces to be used solely as residential parking for residential tenants of the property. b. Said parking spaces shall be marked in a manner that clearly delineates them as for use by residential tenants only. 3. Owner acknowledges that the conditions contained herein area reasonable conditions to impose on the land under Iowa Code 414.5 (2003), and that said conditions satisfy public needs which are directly caused by the requested zoning change. 4. Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 5. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 6. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state, and federal regulations. 7. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this day of ,2004. OWNER ., CITY OF IOWA CITY -A~raham EntErprises LLC Ernest Lehman, Mayor Attest Marian Karr, City Clerk Approved by: dity Attorney's Office ppdadm/agt/CZA-REZ04-00016.doc CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) JOHNSON COUNTY ) On this dayof _, A.D. 20___, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known, who being by me duly sworn, did say that they ars the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that 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 the State of Iowa My commission expires: ABRAHAM ENTERPRISES, L.L.C. ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis ~./~c( dayof ~...~-~ ,A.D. 20©~ ,beforeme, the undersigned, aNotary Public in and for the State of"l'owa, personally appeared Cynthia Abraham, to me personally kn_qown, who being by me duly sworn, did say that the person is ~ ~,u~-P~i¢-- ,~ ~r-,:~-,.<:z-/~ (title) of Abraham Enterprises, L.L.C., and that said ins~ument was signed on behalf of the said limited liability company by authority of its managers and the said Cynthia Abraham acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. '~t'"'- KELL{E K. TUTTLE "1 Io ,~,~lcommiss~on Number221819! Notary Public in and for the State of Iowa I'~ >'l MyCorpmis~ion£xpires / ~.~'~"~'~ I '~/~/0~'~ J My commission expires: ppdadm/agt/CZA-REZ04-00016.doc STAFF REPORT To: Planning and Zoning Commission Prepared by: Tokey Boswell, Planning Intern Item:REZ04-00016, 1901 Broadway Street Date: July 1, 2004 GENERAL INFORMATION: Applicant: Abraham Enterprises L.L.C. 2190 Hwy 6 NW Oxford, IA 52322 Contact Person: John W. Hayek, applicant's attorney 120 % E. Washington St. Iowa City, IA 52240 319.337.9606 Requested Action: Rezoning of 1.20 acres from Commercial Office Zone (CO-1) to Community Commercial Zone (CC-2). Purpose: To allow a greater range of uses on the property, thereby attracting a greater range of tenants. Location: 1901 Broadway Street, near the intersection of Broadway and Highway 6 Size: Approximately 1.20 acres Existing Land Use and Zoning: New building with commercial space below and dwelling units above, Commercial Office Zone (CO-1) Surrounding Land Use and Zoning: North: Hwy 6 right-of-way, then Low Density Single-Family Residential Zone (RS-5) South: Pepperwood Plaza, (CC-2) East: Law office, (CO-1) West: Pepperwood Plaza, (CC-2) Comprehensive Plan: The South District Plan's Future Land Use Scenario shows this area as commercial property, with residential areas to the east and south. File Date: June 8, 2004 45 Day Limitation Period: July 23, 2004 BACKGROUND INFORMATION: This property is the former site of the Colonial Park office building. After that building burned down, the site was vacant for a number of years. In 2002, a rezoning request identical to this one was proposed for the vacant lot, and subsequently withdrawn. Since that time, the property has changed ownership and a new building has been constructed on the site with commercial space on the 9round floor and residential space above. This request for rezoning has been initiated by the current owner who has indicated difficulty in leasing the commercial space on the ground floor due to the restrictions of the CO-'l zoning category. The applicant believes that rezoning the subject property to CC-2 will enable them to more readily complete the leasing of commercial spaces in the building. ANALYSIS: The intent of the Commercial Office (CO-l) zone is to provide specific areas where office functions, compatible businesses, apartments and certain semipublic uses may be developed. The zone can serve as a buffer between residential and more intensive commercial or industrial areas. The Community Commercial (CC-2) zone, on the other hand, is intended to provide for major business districts that serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators. Certain of the permitted uses may have limited outdoor activities. The Comprehensive Plan and the South District Plan indicate that this area is suitable for general commercial purposes. The requested rezoning would be in line with that designation, as both Commercial Office and Community Commercial zones are classified as general commercial zones. As mentioned above, one intent of the CO-'I zone is to provide a buffer between residential zones and more intensive commercial areas. This parcel does not act as such a buffer to any great extent, as it abuts the Pepperwood Plaza on two sides (the south and west) and has highway frontage on one side and office uses across the street on Broadway Street. North of the property the Highway 6 Trail provides open green space between the building and the Highway. The Low Density Single-Family Residential (RS-5) neighborhood on the north side of Highway 6 is some 300 feet from this parcel. On the east, the parcel fronts on Broadway Street. The property directly across Broadway, zoned CO-'I, is a law office that does serve to divide the commercial uses in Pepperwood Plaza from the High-Density Multi-Family Residential (RM-44) neighborhood to the east and south. The building is oriented so that its fa(;ade is to Highway 6 and the trail. There is parking in front of the building to meet the requirements for a new commercial/retail use, and additional parking spaces behind (roughly south of) the building, which could serve as tenant~employee parking. The orientation of the building, the lack of connection between this property and the rest of the Plaza, and the building materials used serve to visibly separate this parcel from its neighbors in Pepperwood Plaza. Iowa State Bank and Trust has accomplished a similar separation on the western side of the Plaza. This property will be landscaped with trees and other plantings prior to occupancy, enhancing its appearance for both commercial and residential tenants. The rezoning to C0-2 would allow a greater range of uses such as retail sales, personal grooming salons, and restaurants in the commercial space. These are uses that either require a special exception or are prohibited entirely in the CO-'I zone. The City's Housing Inspection Services Department confirms that several potential tenants have inquired about the commercial space, only to find they are not allowed or allowed only by special exception. Rezoning the property to allow these uses to take advantage of existing space in this redeveloping area grants flexibility to both tenants and owner, and seems prudent to Staff. Thus, Staff is in favor of rezoning this 3 property to CC-2. The presence of dwelling units above the commercial space complicates the rezoning request slightly. Dwellings located above or below the ground floor of another use are listed as a provisional use in the Commercial Office (CO-1) zone, but require a special exception in the Community Commercial (CC-2) zone. No other structure in Pepperwood Plaza features residential units. If the Commission approves the rezoning request, the apartments will be considered a conforming use on the property even though they did not go through the special exception process. Mixed-use (commercial/retail and residential) developments have occasionally experienced parking issues. Conflicts can result when commercial/retail visitors infringe upon residential parking areas, and vice versa. For this reason, Staff recommends the rezoning be approved subject to the installation of signs designating 8 parking spaces that are reserved for residential tenants. STAFF RECOMMENDATION: Staff recommends that REZ04-00016, a request by Abraham Enterprises, L.L.C, to rezone approximately 1.20 acres at 1901 Broadway Street from Commercial Office Zone (CO-1) to Community Commercial Zone (CC-2), be approved, subject to 8 parking spaces being marked with signs indicating that they are reserved for residential tenants. ATTACHMENTS: 1. Location map 2. Application documents Approved by: Robert Miklo, Senior Planner, D. epartment of Planning and Community Development S:\lnterns\Urban Planning\REZ04-00016 1901 Broadway ~---~- ~----~----~ I -- R~I' 2 MI~. ~,~ ~ ~ SITE LOCATION: 1001 Broadwag Stroot ~EZ04-0001 $ APPLICANT'S STATEMENT IN SUPPORT OF REQUESTED ZONING CHANGE This property is presently zoned CO-1. Applicant has recently constructed a two- story building on the site with commercial space on the ground floor and residential space on the second floor. Applicant has had difficulty in leasing the commercial space on the ground floor because of the restrictions of the CO-1 zoning category. Applicant believes that rezoning the subject property to be consistent with the zoning of the remaining property in the block (CC-2) makes more sense than having the subject parcel being the only parcel in the block of CO-1 property and would enable applicant to much more readily complete leasing of the commercial spaces in the building. A raham Enterprises, L.L.C. Cor~l~lle, IA 5~24! Jtl_rle 21~ 2004 Nei~r of ~9o~ Broadway St~et, Iowa CiW D~r Nei~bor: I amone of~e mana~ng membe~ of Ab~h~ Enterp~, ~L.C. On June 8~ we fried an appli~fion ~ ~e Ci~ of Iowa Ci~ to re.ne o~ pro~ at ~9o~ B~dway f~m CO-x to CC-~. I ~ ~fing to you as a ne~by pro~ o~er to e~lain why we have ~ed ~ rezon~g appli~tion and why we ~i~ it is appropriate for ~m nei~borh~. ~ you know we r~enfly ~nst~ct~ what I beli~e to be a yew han~ome ~o-~ow co~ercial/residenfial building at ~e comer of Broadway and Hi.way 6. We are find~g ~at our effo~ to l~se ~e comme~i~ space on ~e fi~t fl~r, pa~c~arly, are made ~cult by ~e r~cfive na~ of ~e present CO-~ ~ning ~tego~. Many ~ retail es~b~hmen~ are not ~miR~ in ~e CO-~ zone. ~e~ are o~y ~i~ by sp~ exception m~ning ~at a s~al ~rmit has to ~ ob~ed from ~e Ci~ to operate the b~ine~. ~ese ~ of r~tfi~o~ d~courage tenan~ ~m ~nsidedng that space. We are ~qu~t~g a zonhg change to Co~uniW Commercial ~ne (CC-~). ~m zoning world ~rmit su~ b~e~es as re~fl ~bl~hmen~, ~te~, and b~he~ and ~rson~ se~ee ~mbl~hmen~ ~out ~e n~ of ob~g a s~i~ pemit or s~ ex~pfion. We also note ~at ~e p~ l~t~ adja~nt to our pro~ h ~e bilk ~ded by Keok~ S~eet, Highway 6, and Broadway ~ presently zoned CC-~. We ~ink our ~ning change request wo~d simply se~e to make our pro~ consistent ~ ~e zoning of this neighbo~g p~pe~. You ~ ~ ~ven an op~miW to ask qu~fio~ and p~de hput a~ut ~ zonhg r~u~t to ~e CiW oflo~ CiW. ~ere ~1 ~ at le~t one mee~g of~e Iowa CiW Pla~hg ~d Zo~mg Comm~ion at which o~ appli~fion ~ be eo~ider~. Pr~nfly that mee~g ~ schemed for J~y ~, ~oo4, at 7:30 in ~e Io~ Ci~ Co~cfl Chmbe~. If you do plan to attend · e meeting, I su~t ~at you eh~k ~th CiW o~eia~ to make sure that ~e meeting time and date h~ not been change. ~ere ~ also ~ a subsequent meet~g of~e Iowa CiW Council at which ~is ~ning change ~1 ~ ffmc~s~. Fu~er, and more im~mnfly ~om o~ stand~t, we want you to ~ow ~at we are ~ppy to ~ to ~wer any questio~ you m~t have a~ut o~ rezoning requ~. You ~n reach me by phone at (3~9) ~5-~4x9 and I ~1 ~ happy to ~e~ ~ ma~er ~ you f~er. We ~k o~ requ~t~ ~ning change not only rakes sense for o~ panic,ar prope~ at x9o~ B~adway but ~o m~ sense for ~e ne~rh~. We ~ink ~t a~cfing good co erdal tenan to in e one's hte t. We you a e. Ve~ t~y yours, HAYEK, HAYEK, BROWN, IV[ORELAND & HAYEK, L.L.P. ATTORNEYS AT LAW ^L~so. w~u~R s,~,T. July 29, 2004 Iowa City City Council c/o City Clerk 410 East Washington Street Iowa City, Iowa 52240 Re: Abraham Enterprises rezohing request for 1901 Broadway Street Dear Mayor and Council Members: On behalf of Abraham Enterprises I would like to respectfully request accelerated consideration of my client's rezoning request for 1901 Broadway. The Abrahams have executed or will execute the conditional zoning agreement requested by the city. The planning and zoning commission and staff have recommended approval of the request, and my client is anxious to begin leasing of the commercial spaces in the building. Thank you in advance for your consideration. Very truly yours, yek JWH:vb ~. _. r~ --V1 cc: Cynthia Abraham Prepared by: Bob Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 04-4133 ORDINANCE AMENDING THE ZONING CODE, SECTION 14-6J-2, TO ALLOW CONSIDERATION OF REDUCTION OF LOCAL PUBLIC STREETS IN PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH) ZONES. WHEREAS, the Planned Development Housing Overlay zone provides a mechanism for the waiver of certain City requirements; and WHEREAS, the City has often reduced street widths for private streets contained within planned developments from 28 feet to 25 feet; and WHEREAS, in some limited situations where adequate parking spaces are available the City may wish to consider reducing public street widths from 28 feet to 26 feet; and WHEREAS, the Planning and Zoning Commission has recommended that the Planned Development Housing Overlay zone be amended to allow the consideration of the reduction of public street widths from 28 feet to 26 feet. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: ~C~~L. The following shall be added to Section 14-6J-2D7.fi The City may allow for reduction of street width from 28 feet to 26 feet where it is demonstrated, to the satisfaction of the City, that the street will carry Iow volumes of traffic and/or the planned development contains alleys. The City may restrict on-street parking on such streets. ~. All ordinances and parts of ordinances in conflict with the approved provi- sions of this Ordinance are hereby repealed. SECTIONlll 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 er unconstitutional. SECTION IV EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ay~_P~R~~,~,d and approved this 3rd day of Au,(]ust ,20 04 ATTEST:~.~~ CITY CLER~ App~ by Ordinance No. 04-4133 Page 2 Itwas moved by Champion and seconded by Bailey that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 6/15/04 Voteforpassage:AYES: Lehman, O'Donnell, Wilburn, Bailey, Champion. NAYS: Elliott Vanderhoef. ABSENT: None. Second Consideration 7/6/04 Voteforpassage:AYES: Lehman, O'Donnell, Wilburn, Bailey, Champion. NAYS: Elliott, Vanderhoef. ABSENT: None. Date published 8/11/04 Prepared by: Susan Dulek, Asst. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 04-4134 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS," SUBSECTION C, ENTITLED "SCHOOL SPEED ZONES" TO ESTABLISH SCHOOL SPEED ZONES BY WEBER SCHOOL AND GRANT WOOD SCHOOL. WHEREAS, Weber Elementary School is located on Rohret Road between Wild Prairie Drive and Goldenrod Drive, and Grant Wood Elementary School is located near Sycamore Street between California Street and Lakeside Drive; WHEREAS, due to their proximity to elementary schools, it is safe and reasonable for the speed on Rohret Road between Wild Prairie Drive and Goldenrod Drive and on Sycamore Street between California Street and Lakeside Drive to be twenty (20) miles per hour from eight o'clock (8:00) A.M. through five o'clock (5:00) P.M. on Monday through Friday of each week; and WHEREAS, it is in the best interest of the City to establish these two school speed zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Subsection C, entitled "School Speed Zones," is hereby amended by adding additional zones as follows: Name of Street Where Limit Applies Rohret Road from Wild Prairie Drive to Goldenrod Drive Sycamore Street from California Street to Lakeside Drive SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION II1. 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. lUSt ,2004. ATTEST: ~~ X~. ~ CITY'OEERK Approved by City Attorney's Office sue/ord&res/SchoolZoneOrd.doc Ordinance No. 04-4134 Page ? It was moved by Wi 1 burn and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 8/2/04 Voteforpassage: AYES: E1]iott, Lehman, O'Donnell, Vanderhoef, Wi]burn, Bailey, Champion. NAYS: None. ABSENT: None. SecondConsideration ................. Vote for passage: Date published 8/1]./04 Moved by Wilburn, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Prepared by: Susan Dulek, Asst. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319~356-5030 ORDINANCE NO.. 04-4135 AN ORDINANCE AMENDING CERTAIN CHAPTERS OF CITY CODE TITLES 7, t0, AND '14 TO INCREASE THE MUNICIPAL INFRACTION CIVIL PENALTIES FOR VIOLATING THE ELECTRICAL CODE, PLUMBING CODE, FIRE CODE, AND FUEL GAS CODE AND SNOW REMOVAL REQUIREMENTS IN CITY PLAZA. WHEREAS, Ordinance No. 02-4044 enhanced the civil penalties for certain municipal infractions relating primarily to nuisances and the building code, the housing code, the electrical code, the plumbing code, the mechanical code, the fire code, and the illegal use of the right-of-way, which was consistent with the Neighborhood Housing Relations Task Force's recommendations; and WHEREAS, the electrical code, the plumbing code, and the fire code were recently amended in Ordinance Nos. 04-4121, 04-4119, and 04-4118 respectively, as part of the regular code updating process, but the enhanced civil penalty enacted in Ordinance No. 02-4044 was inadvertently omitted from these ordinances; and WHEREAS, in Ordinance No. 04-4122, the City enacted its first "fuel gas code," and the civil penalty for violation of said code should be the same as the enhanced penalty for violating the related building and housing codes; and WHEREAS, Ordinance No. 02-4044 also enhanced the civil penalty for failing to remove snow near buildings in city plaza, and Ordinance No. 04-4125 inadvertently deleted the enhanced civil penalty for violation of said snow removal provision; and WHEREAS, it is in the public interest to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2, entitled, "Civil Penalties for Municipal Infractions," Article D, entitled "Civil Citations for Neighborhood Related and Nuisance Infractions" is hereby repealed in its entirety and a new Article D is added which reads as follows: Enhanced Penalties for Certain Municipal Infractions: Civil penalties for municipal infractions of certain sections of this code as noted therein shall be punishable as provided in the following schedule for each day a violation exists or continues: First offense $250.00 Second offense $500.00 Third offense $750.00 2. Title 7, entitled "Fire Prevention and Protection," Chapter 1, entitled "Fire Code," is amended by adding a new Section 4 which reads as follows: Violation of this Chapter shall be a municipal infraction punishable by a penalty as provided in subsection 1-4-2D of this code. 3. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 6 is repealed in its entirety and a new Section 6 is added which reads as follows: Removal of accumulations of snow and/or ice in Zone 1 of city plaza resulting from building runoff shall be the responsibility of the adjoining property owner. Violation of this Section shall be a municipal infraction punishable by a penalty as provided in subsection 1-4-2D of this code. 4. Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," Article B, entitled "Plumbing Code," is amended by adding a new Section 6, which reads as follows: Ordinance No. 04-4135 Page 2 Violation of this Article shall be a municipal infraction punishable by a penalty as provided in subsection 1-4-2D of this code. 5. Title 14, entitled "Unified Development Code," Chapter 5, entitled "Building and Housing," Article C, entitled "Electrical Code," by adding a new Section 3 which reads as follows: Violation of this Article shall be a municipal infraction punishable by a penalty as provided in subsection 1-4-2D of this code. 6. Title 14, entitled "Unified Development Cede," Chapter 5, entitled "Building and Housing," Article N, entitled "Fuel Gas Code," Section 4 is deleted in its entirety and a new Section 4 is added which reads as follows: Violation of this Article shall be a municipal infraction punishable by a penalty as provided in subsection 1-4-2D of this code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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.  .2004. A -EST: CiTY"GLERK Approved by City Attorney's Office sue/ord&res/OrdMu niFineAm.d~ Ordinance No. 04-4135 Page 3 It was moved by Vanderhoef and seconded by Champi on that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 8/2/04 Voteforpassage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. NAYS: None. ABSENT: None. Second Consideration .................. Vote for passage: Date published 8/11/04 Moved by Vanderhoef, seconded by Wilburn, that the rule requiring ordinances fo be considered and voted on for passage at two Council meetings prior to the meeting at whcih it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 8, ENTITLED "BICYCLES," SECTION 6, ENTITLED "PARKING VIOLATIONS," SUBSECTION B, ENTITLED "OWNER PRIMA FACIE RESPONSIBLE FOR PARKING VIOLATIONS" TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO NONPROFIT ORGANIZATIONS. WHEREAS, currently the City must sell impounded bicycles at a public auction; and WHEREAS, the City desires to have the additional option of donating impounded bicycles to nonprofit organizations that serve Iow income and disadvantaged youth and families; and WHEREAS, it is in the best interest of the City to have the option to donate said impounded bicycles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," Subsection B, entitled "Owner Prima Facie Responsible for Parking Violations," Paragraph 2 is hereby repealed in its entirety and a new Paragraph 2 is added which reads as follows: In the event the city is unable to ascertain the owner, or the owner does not claim the bicycle within three (3) calendar months from the date of impoundment, the city shall, except as noted below, cause such bicycle to be sold at a public auction. Notice of such disposition shall be published pursuant to state law governing abandoned vehicles. In lieu of selling said bicycle at public auction, the city may donate it to a non-profit organization or entity which serves Iow income/disadvantaged youth or families in Johnson County, Iowa, for use by members of the population served. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 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 ,2004. MAYOR Appr~~ City Attorney's Office ATTEST: CITY CLERK sue/ord&res/BikeDonateOrd,doc Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 8/3/04 Vote for passage: AYES: Lehman, 0 ' Donnel 1, Vanderhoef, Wi 1 burn, Bai 1 ey, Champi on, Elliott. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Susan Dulek, Asst. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER\ ~, ENTITLED "BICYCLES," SECTION 6, ENTITLED VIOLATIONS," B, ENTITLED "OWNER PRIMA FACIE RESPONSIBLE PARKING CITY TO DONATE ABANDONED BICYCL ~FIT WHEREAS, currenfl ity must sell impounded bicycles at a and WHEREAS, the have the additional option of donating 3unded bicycles to nonprofit organizations that le and disadvanta WHEREAS, it is in the 3e City to have the option to said impounded bicycles. NOW, THEREFORE THE CITY COUNCIL OF IE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic hapter 8, entitled "[ Section 6, entitled "Parking Violations," Subsection B, entitled Parking Violations," Paragraph 2 is hereby repealed in its entirety and a new Para( ! is added wh as follows: In the event the city is unable to ascertain owner, owner does not claim the bicycle within three (3) calendar months from the the city shall, except as noted below, cause such bicycle to be sold at a Notice of such disposition shall be published pursuant to state law governing aband¢ vehicles. In lieu of selling said bicycle at public option, the city may donate it to a organization or entity which serves Iow income/disadvantaged youth or families in nty, Iowa, for use by members of the population served. SECTION II. REPEALER. All ordinances and ii,conflict with the provision of this re ealed SECTION III. PENALTIES FOR VIOLATION. Th on of any provision or,his ordinance is a municipal infraction or a simple misdemeanor. ~ / \ SECTION IV. SEVERABILITY. If any section, prj~ision or part of the OrdinanceX~all be adjudged to be invalid or unconstitutional, such adjudication shall/hot affect the validity of the Ordinan's~ as a whole or any section, provision or part thereof not adjudged iTlid or unconstitutional.~ SECTION IV. EFFECTIVE DATE. This Ord)hance shall be in effect after its final passagbkapproval and Passed and approved this day~ ,2004. ~,~ / ~ Approved by '~... MAYOR ~ ~'-')~._ ~ e,~,,. ~ ~ ~r ~'" ~ City Attorney's Office ATTEST: CITY CLERK sue/ord&res/BikeDonateOrd.doc