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HomeMy WebLinkAbout1995-01-31 Public hearingNOTICE OF PUBMC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 17th d.ay of January, 1995, in the Civic Center Council Chambers, 4.10 E. Washington Street, Iowa City, Iowa, at (~hich hearing the Council will consider: An amendment of the Comprehensive Plan to change the land use map designation of property located on the north side of High- way I West from 8-16 dwelling units per acre to 2-8 dwelling units per acre and general commercial. 2. An ordinance changing the use regulations of an approximate four acre tract of land, known as the Jensen tract, located east of Hatlocke Street from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single. Family Residential. 3. An ordinance amending the Zoning Ordi- nance by changing the use regulations of approximately two acres located generally on the west side of Herlocke Street from RM-44, High Density Multi-Family Reslden* tial, to RS-5, Low Density Single-Family Residential. 4. An ordinance amending the use regulations of an approximate 4.57 acre tract of land, known as the western portion of the Ruppert tract, located generally north of Highway I West from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single-Family Residential. 5. An ordinance amending the Zoning Ordi- nance b? conditionally changing the use regulations of an approximate 4.5 acre tract, known as the eastern portion of the Ruppert Tract, located generally north of Highway I West from RM-44, High Density Multi-Family Residential, to CC-2, Communi- ty Commercial. 6. An application to rezone an a. pproximate 1.5 acre tract of land located north of Highway 1 West and west of Miller Street from RS-8, Medium Density Single-Family Residential, to CC-2, Community Commercial. 7. An ordinance amending the Zoning Ordi- nance by changing the use regulations of a 0.32 acre parcel located at 719 S. Capitol Street from C1-1, Intensive Commercial, to P, Public. Copies of the proposed resolution and ordinanc- es are on file for public examination In the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persens wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place, MARIAN K. KARR, CITY CLERK ?-014 RocHester Ave. Iowa City. IA 52245 31 January 1995 Susan Horowitz, Mayor Iowa City City Council 410 East Washington Street Iowa City IA 52240 Re: Harlcx~ke/Weeber/Highway I/Miller/Benton Street area Comprehensive Plan amendments, rezoning applications, and concept development plan Dear Mayor Horowitz: At the 17 January, 1995, City Council meeting, I made a verbal presentation during the public hearing on the Barl~ke/Weeber/Higbway 1/Miller/Benton Street area Comprehensive Plan amendments, rezoning applications, and concept development plan. I also distributed a color sketch map to City Council which overlaid most elements of the Sensitive Areas Inventory Map - Phase I onto the develc~)ment plan for this area. The map demonstrates that this development plan will significantly disturb such sensitive areas as wcx~dlands and steep slopes. Given the history of these tracts, some impact on sensitive areas is perhaps unavoidable, but, I believe that both you and the citizens of Iowa City should be well informed about the extent of the proposed disturbances. I furthermore stated that I was concerned about five specific aspects of this devel(?pment plan and briefly detailed they to you. Councilor Baker asked if I had prepared a writtell list of these points. I did not have one available, for which apol~ize to you, but now provide written versions of they below: Was the City-appointed Environmental Technical Advisory Committee consulted about these propsale? If not, why not? If so, what were their findings? 4) The conditional zoning agreements in REZ94-0007 do not adequately protect the major ravine in this area. Only the new CC-2 on the "eastern portion of the Ruppert Tract" contains conditions pertaining to the protection at its west end of this ravine. However this ravine also occurs on the northeastern side of the new RS-5 on the "western portion of the Ruppert Tract" and on the southern side of the "Jensen Tract." Conditions to protect these parts of the ravine should be included in the rezoning documents. There is no language in REZ94-0007 to insure the protection of a~chaeol~ical resources. We know that an archaeological site exists in this quarter section (see Sensitive Areas Inventory Hap - Phase I). Bluff-tcyp and bluff-base locations, like thee in this area, are favorable for prehistoric ~cupations. The Office of the State Archaeolc~ist (in Iowa City) should be consulted to find out if measures need to be taken to prevent further l~s of our cultural heritage. The conditions in REZ94-0007 do not provide for pedestrian access from the heavily built-up areas on the bluff top to the new and existing commercial areas Mayor Horowitz, Iowa City City Council Page 2 31 January 1995 on the plain below. Since I have already seen shoppers struggling up and down this rough and undeveloped slope, it is appropriate that a pedestrian accessway be provided for the large number of Iowa City's citizens who live in this area. 5) Neither the concept plan for this area nor the conditions in REZ94-0007 make any provisions for usable open space. If, as we heard at the City Council Work Session of 16 3anuary, 1995, a small, interior ~oen space is possible on the hilltop3 north of and opposite Ruppert Road, than adequate pedestrian access must be provided to it from the heavily populated areas to the north and west. In an area such as this where access is difficult, it is imperative that the Men space be part of a well-planned, integrated design, not left to an afterthought. Thank you for your attention to these matters. Sincerely yours, Richard S. Rhodes NOTICE ~F-PUBLIC Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 17th day of January, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, at which hearing the Council will consider: 1. An amendment of the Cpmprehensive Plan to change the land use map designation of property located on the north side of High- way 1 West from 8-16 dwelling units per acre to 2-8 dwelling units per acre and gsneral commercial. . An ordinance. changing the use regulations of an approximate four acre tract of land, known as the Jensen tract, located east of Hatlocke Street from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single-Family Residential. 3. An ordinance amending the Zoning Ordi- nance by changing the use regulations of approximately two acres located generally on the west side of Hatlocke Street from RM-44, High Density Multi-Family Residen- tial, to RS-5, Low Density Single-Family Residential. 4. An ordinance amending the use regulations of an approximate 4.57 acre tract of land, known as the western portion of the Ruppert tract, located generally north of Highway I West from RM-44, High Density Multi-Family Residential, to RS-5, Low Density Single-Family Residential. 5. An ordinance amending the Zoning Ordi- nance by conditionally changing the use regulations of an approximate 4.5 acre tract, known as the eastern portion of the Ruppert Tract, located generally north of Highway 1 West from RM-44, High Density Multi-Family Residential, to CC-2, Communi- ty Commercial. 6. An application to fezone an approximate 1.5 acre tract of land located north of Highway 1 West and west of Miller Street from RSoS, Medium Density Single-Family Residential, to CC-2, Community Commercial. 7. An ordinance amending the Zoning Ordi- nance by changing the use regulations of a 0.32 acre parcel located at 719 S. Capitol Street from C1-1, Intensive Commercial, to P, Public. Copies of the proposed resolution and ordinanc- es are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM Date: To: From: Re: January 27, 1995 City Council Robert Miklo, Senior Planner Harlocke/Weeber Area Rezonings At recent Council meetings, questions have been raised concerning projected traffic counts in the Harlocke/Weeber neighborhood as they relate to the rezoning of the Jensen and Ruppert tracts. The following table illustrates the projected traffic counts for these two properties under different zoning scenarios. Track/Zone Jensen/RS-8 Dwelling Trips per Day Projected Units* per Unit Trips per Day 26 x 7 182 Jensen/RS-5 13 x 7 91 RuppedJRS-8 29 x 7 203 RupperFRS-5 14 x 7 104 Jensen + RuppertJRS-8 55 Ruppert + Jensen/RS-5 27 x 7 385 x 7 189 *The number of dwelling units on each parcel was based on the parcel develop- ing at 65% of the maximum density allowed by each zone. Because of topographic constraints, potential densities might be slightly less. As shown in the table, if both the Ruppert and Jensen tracts were zoned RS-8, approximately 385 vehicle trips per day are projected to occur on Harlocke Street, Currently there are approximately 260 vehicle trips per day on Harlocke Street so the total projected vehicle trips per day on Harlocke Street, including existing and potential, would be approximately 645. If both the Jensen and Ruppert tracts were zoned RS-5, 189 additional vehicle trips per day are projected to occur on Harlocke Street. When added to the existing approximately 260 vehicle trips per day on Hariocke Street, this represents a total of 449 vehicle trips per day. The City's policy indicates that residential streets should generally be designed for 500 vehicle trips per day. If the Jensen and Ruppert tracts were rezoned RS-5, the projected trips per day on Harlocke Street would be just under 500 vehicle trips per day suggested for local streets. If both the Jensen and Ruppert tracts were zoned RS-8, the pnferred standard of 500 vehicle trips per day would be exceeded by approximately 145 vehicle trips per day. 3 5' 2 Questions about the amount of open space that would be required for the Jensen and Ruppert tracts under various zoning scenarios were also raised at recent Council meetings, Based on the existing zoning of RM.44 on the western portions of the Ruppert property and the Jensen tract, and RS-8 on the remainder of the undeveloped portion of the neighborhood (excluding the existing commemial zoning on Highway 1 West), approximately 3 acres of open space would be needed to serve the residents of the potential development according to the neighborhood open space plan. If the proposed rezonings currently before the Council, which include RS-5 on the Jensen tract and the western portion of the Ruppert tract and two portions of the Ruppert tract being rezoned from residential to commercial are approved, the total projected open space need according to the open space plan equals 2/3 of an acre. It should be noted that the reduction occurs because the neighborhood open space requirements are based on population density. !f the properties are rezoned from RM-44 to a lower residential density or to commercial, the expected population density of course decreases and thus the need and requirement for open space decreases. City of Iowa City MEMORANDUM Date: To: From: Re: January 27, 1995 Honorable Mayor Susan M. Horowitz and Members of the City Council Linda Newman Woito, City Attorney ~ Sarah E. Holecek, Asst. City Attorney Concerns for Proposed Rezoning of the Jensen and Ruppert Tracts in the Hadocke-Weeber Area BACKGROUND Last summer of 1994, the Planning and Zoning Commission recommended rezoning the Jensen and Ruppert parcels to two diffedng classifications. More specifically, the Commission recommended the Ruppert Tract be rezoned RS-8, and that the Jensen Tract be rezoned RS-5. At that time I expressed my concerns regarding this distinction. Now, after an attempt of certain owners of the property to be responsive to citizen concerns, including the Hadocke-Weeber Neighborhood Association, the Planning and Zoning Commis- sion has now recommended that the western portion of the Ruppert Tract be rezoned to RS-5; that the small portion west of Hadocke be rezoned to RS-5; and that the eastern portion of the Ruppert Tract be rezoned to CC-2 subject to a conditional zoning agreement to protect the ravine during and after commemial development. It has now come to my attention that the attorney for the Jensen Tract, namely Mr. Robert Jansen, has not been involved in this "Rupper~Mace Braverman/Neighborhood deal.' Based on a letter from their attorney dated January 26, lg95, the owners of the Jensen Tract continue to object to downzoning their property from RM-44 to RS-5, but are will. ing to live within a downzoning to RS-8, with conditions (see attached). I am therefore concerned about the defensibility of the proposed 'deal" before you. Moreover, whether this "deal" between the 2 Rupperts, Mace Braverman and the Harlocke-Weeber Neighbor Association is actually viable remains speculative -- since all of the Ruppert family has not signed the proposed conditional zoning agreement for the CC2 portions. Finally, the facts remain that the land to the west, north and east of the Jensen Tract is already developed with high density uses. If additional commer- cial use is appropriate for portia)ns of the Ruppert Tract, it will be difficult to convince a judge or jury that downzoning the Jensen Tract to RS-5 is reasonable-since both properties suffer, or enjoy, the attributes of a steep ravine. Sarah and I now wish to present our concerns to you as to legal ramifications which may flow from the rszoning designations now before the City Council. PRIOR P & Z COMMISSION RECOMMENDATIONS As you may recall from my July 1994 memo, the Planning and Zoning Commission's stated reasons for downzoning the Jensen Tract to RS-5, rather than RS-8, were based on traffic concems. The Commission reasoned that any subsequent development of the Jensen Tract would, by necessity, result in all property within the Ruppert Tract emptying into the upper reaches of existing Hatlocke Street as the sole means of access. While I did not then, nor do I now, find this assumption to be supported by any objective evidence, nonetheless this was one of the reasons used to substantiate downzoning the Jensen Tract to RS-5, rather than RS- 8. This argument falls by the wayside, however, when the Commission states they could "live with both Jensen and Ruppert Tracts downzoned to RS-8." That is, the 1994 attempts to distinguish between the Jensen and Ruppert Tracts was a "distinction without a difference." 3 CURRENT P & Z RECOMMENDATIONS Thereafter, the entire "Harlocke-Weeber' rezoning was put on hold, with the hope that the Neighborhood Association could work with the owners of both the Jensen and Ruppert Tracts to resolve the many differing issues concerning these City-initiated rezonings. Apparently the Ruppert family, together with developer Mace Braverman of Southgate Development, have arrived at a tentative' agreement as follows: -- Rezoning the western portion of the Ruppert Tract to RS-5; -- Rezoning the easternmost portion of the Ruppert Tract to CC-2, via a conditional zoning agreement which would require access of this CC-2 property only onto Highway 1 west (thereby barring any vehicular access via Hatlocke), and also conditioned upon covenants to protect the ravine within the commercially zoned land. As of this wdting, the proposed conditional zoning agreement has not been signed by all members of the Ruppert family. The Commission apparently agreed with this new configuration, but the Commission minutes make no mention of the reasons for their revised recommendation. Nor did the Commission mention how the Jensen Tract would, or would not, fit into this new configuration -- perhaps assuming that silence on the part of the Jensens meant agreement, or at least acquiescence. However, as we heard at the January 17, 1995 City Council meeting, the Jensen Tract owners continue to request RS-8 rezonlng, and continue to object to the still-proposed RS-5 rezoning. LEGAL CONCERNS 4 As you will recall from my memorandum dated July 1, 1994, the justification for downzoning the Jensen Tract to RS-5 was the anticipated increase in traffic on Hariocke Street as the sole vehicular access route for both the Ruppert and Jensen Tracts. However, whatever reasons surrounding ~traffic congestion" previously expressed still remain a ~distinction without a difference.~ Even assuming, for the sake of argument, the 1994 reasons were valid (which I dispute), most of the concerns for 'a veritable flood of traffic congestion" is no longer factually present in the new configuration. That is, the majority of the Ruppert Tract will no longer be directed north through Hadocke Street, but rather will be directed south via Highway 1 West. Thus, the Neighborhood concerns for the ~specter of thousands of vehicles passing through the Neighborhood" is simply not factually supported. Moreover, only a small portion of the Ruppert Tract is now slated for residential rezoning, with a correlatively smaller number of care to pass north through the Hariocke Street route (see memo from Bob Miklo). Thus, the Neighborhood's concerns forover-burdening Hariocke Street by reason of the entire Ruppert Tract continue to be exaggerated because not supported by facts. CONCERNS FOR DOWNZONING JENSEN TRACT Now that we must revisit these proposed rezonings, I am still concerned about the legal consequences ofdownzoning the Jensen Tract to RS-5 under the current configuration. Based on the memorandum prepared by Bob Miklo, I believe that such information may provide fodder for the claim that downzoning the Jensen Tract from RM44 to RS5 is a"regulatory taking." This is because such downzoning may be found to be a substantial allmunition of legitimate econom- ic expectancles under the Fifth Amendment to the U.S. Constitution, .see also. Keystone 5 Bitumlnous Coal Ass'n v. DeBenedictis, 480 U.S. 470 (1987). in a word, the proposed, rather dramatic reduction of development rights which inure to land zoned RM-44 is problematical. First, the facts simply do not support the proposed conclusion. When planning appropriate traffic patterns, staff uses a guideline number of 500 trips per day to evaluate traffic burdens on local residential streets. This threshold number of 500 was purposely selected to be a conservative guideline upon which transportation planning decisions are made, and is not an adopted "hard and fast" policy, criteda or "cut.off" point. The attached memo from Robert Miklo outlines the actual traffic counts in the HartocldVVeeber neighborhood as they relate to the proposed rezonings of the Jensen and Ruppert Tracts. A review of the actual numbers leads us to the conclusion that the facts do not support, nor provide a legal defense for, rezoning the subject parcels to RS-5 rather than RS-8. Specifically, if the western portion of the Ruppert Tract were rezoned and developed at RS-8, rather than RS-5, an increase o~' 98 vehicle trips per day is expected. If the Jensen Tract were rezoned and developed at RS-8, rather than RS-5, an increase of 91 vehicle trips per day is expected. The Increased number of vehicle trips per day between an RS-5 and RS-8 zoning for both parcels totals 196, and carries a projected total trips per day of 385. W'nen added to the current number of 260 vehicle trips per day, a total of 645 results. Although an RS-5 zoning would produce a total of 449 trips per day, the difference of 196 trips per day between an RS-5 and RS-8 zoning is not a great enough distinction to use as a basis for the resulting substantial diminution of the property owners' economic expectations. Although an RS-5 zoning results In a vehicle trip total below the guideline, an RS-8 rezoning does not result in a total which is unreasonably above the preferred standard. When the respective burdens of the neighborhood and the property owners are compared, the diminution 6 of the property owners' development potential from RM.44 to RS-5, based on these statistics, results in the property owners shouldering the burden to a dangerously compensable point. CONCLUSION In conclusion, the current changes in the configuration of the proposed rezonings simply make my earlier arguments stronger- namely, that the 'specter of traffic congestion" is simply not a valid, objective conclusion. In the absence of rational, legitimate roasons, a judge or jury might well find the proposed rezoning configuration to be invalid. Any attempt to explain why RS-5 is ~safe~ for the Jensen Tract, and yet RS-8 is "dangerous" will not likely carry the day in a court of law. CC: Stephen Atkins-City Manager Dale Helling-Assitant City Manager Marian Karr-City Clerk Karin Franklin-PCD Dirsc{or Robert Miklo-Senior Planner Phone (31g) 3394576 Fax (31g) 338-2140 Robert W. Jansen Attorney. at. Law 220 La~'ayette St. Iowa City, la. 52240 Honorable Mayor and City Council Civic Center · Iowa City, IA 52240 January 26, 1995 Res Jensen Tract Rezoning Dear Mayor Horowitz and Members of the Council: I am writing on behalf of my clients, CF0 Partners, owners of the Jensen Tract located on Hatlocke Street. The purpose of this letter is to request that the Council reject the Planning and Zoning Commission recommendation to downzone the property from RM-44 to RS-5 and, in the alternative, fezone the property with the RS-8 classification. My clients will agree that, if granted, the RS-8 rezoning will be subject to a conditional zoning agreement to preserve the ravine as a natural buffer, which runs through the property, in its natural state and in terms identical to those contained in the Ruppert agreement for preservation of this same ravine as a natural buffer. I hope that this proposal will merit your serious consideration. The final zoning resolution of the undeveloped Harlocke Street Properties has been dragging on for twelve years. With the Ruppert-Neighborhood Association agreement and this proposal before you, I believe that you have an opportunity to finally resolve these d~fficult questions. Thank you. CC: City Attorney Planning Staff Very truly yours, err W. JanFen Attorney for OF0 Partners Phone (319) 339-4.576 Fax (319) 338-2140 Robert W. Jansen Attorney-at-Law 220 Lafayette SL Iowa City, Is, 52240 Honorable Mayor and City Council Civic Center Iowa City, IA 52240 January 26, 1995 Re: Jensen Tract Rezoning Dear Mayor Horowitz and Members of the Council: I am writing on behalf of my clients, CFO Partners, owners of %he Jensen Tract located on Harlocke Street. The purpose of this letter is to request that the Council reject the Planning and Zoning Commission recommendation to downzone the property from RM-44 to RS-5 and, in the alternative, rezone the property with the RS-8 classifioation. My clients will agree that, if granted, the RS-8 rezoning will be subject to a conditional zoning agreement to preserve the ravine as a natural buffer, which runs through the property, in its natural state and in terms identical to those contained in the Ruppert agreement for preservation of this same ravine as a natural buffer. I hope that this proposal.will meri% your serious consideration. The final zoning resolution of the undeveloped Harlocke Street Properties has been dragging on for twelve years. With the Ruppert-Neighborhood Association agreement and this proposal before you, I believe tha% you have an opportunity to finally resolve these difficult questions. Thank you. City Attorney Planning Staff Very truly yours, Attorney for CFO Partners Janua_qt 25, 1995 Mayor Susan Horowilz and Members of the Iowa City City Council: re: REZ-93007; RF.Z-940019 Although we do not wish to burden the City Coundl members with a rep~fioa of our previous statement, we are writing to urge the Council to defer taking agtion at this time on the We~ber-Harloek proposal for the following reasons: 1. We were not lm~idpams in the negotiations leading to the proposal before the Comaeft. We believe that both the loestion of our property and our offer to contribute part of our properly io the City makes us an appropriate part~, and we ae making an effort to discuss our position with the prospective developer. In doing so, we will undertake to avoid substantially impairing the current proposal. 2. A decision by the City Council approving the rezoning, particularly the change f~om residential to ~mmercial zoning, will irrevocably preclude cousidomfion of certain matters which should be considered ia the public intereat: (a) It will reduce the amount of open spa~e which the developers will be obligated to donate to the City. This may require the city to purchase more of tho land required for tho park already designated for this are~ (b) No impartial professional evaluation has yet been made to identify the semifive areas to be pregoted and to evalua~ the serious grading problems presented by thla topographically varied site. (e) An open space plan pumuam to the new City Ordinance for Open Spaees is in the process of being developed for the aftgored area by the Parks and Roereatinn Commission. We are tmawam tha~ any evaluation of these glevant considerations has been undur/akm by any responsible publle body, and we strongly urge that no proposal conc,~rnln~ this area und~ cousid~rafion bo approved by the Council until such un evaluation/a made. 747 West Benion Street Another way to solve a difficult problem: Organize a group to raise the money to purchase the Jensen tract for open space. Offer to advise or encourage a civic group to provide support. The zoning would become irrelevant. Because the owners recognize that only about 2 acres are buildable, $40,000 an acre might be acceptable. Here are three ways to raise funds: It happens there are 43,560 square feet per acre. Launch a City wide campaign to sell coupons to sponsor 10 square feet of open space at a market appropriate figure. $100 - $1000 ? A printer could provide the raffle ticket type coupons at cost, a publicity company might donate an ad campaign etc.. Coupons could be fill in the blank for number of square feet being sponsored and price to allow for all levels of participation. The more funds raised, the more open space you buy. Issuing Certificates and holding a special event for these sponsors when the goal is reached. Advertise and hold an "Unball". "Don't buy a party dress, rent a Tux, hire a sitter and attend another boring social event. For $ X per person save all that money~ stay home (date) and enjoy pizza/sub and soda (donated at cost) and delivered by (donor). Let all those dollars go to fund open space!" Every place that does take out delivery in town could be a donor. For promotional shots and news articles, the Mayor, Yourself and or other prominent City residents and spouses pose Grant Wood style, dressed in night cap & shirt, cuvier wig & gown, slippers and candle. Pick a date business is slow ov take outs are closed. Expenses would be low profit high. Hold an auction of special items such as: parent and child ride on the five truck in the July 4th parade including a picture with the Truck & Chief = value $200 ca.; 6 Front row yeserred seats at the 4th of July fireworks, V.I.P. parking etc. = value $600; parent and child gun safety and pistol practice with the Police Chief = value 9400; Co Host with the Disk jockey for a popular radio program = value $400; fly over a bidders home in a donors private plane; tour of the vesevvoir on a donors private pleasure boat, Lunches with the Mayor, City Officers and or Celebrities, choice seats to sporting events. The list is endless. The key is donations of cost free items the donor enjoys doing or takes for granted that others can't or don't normally do for themselves. Arrange with the donor in advance to provide a second item to be offered for sale to the loosing bidder at the final price, if the goal is reached or exceeded. If an auctioneer donates services you will raise more but he must slow it down enough for your crowd. This takes 6-12 months to organize. Bill it as "the social event of the season". Look at what happened in the Town of Saulkville. 1~ an 8 million dollar golf course designed b~ Arnol~'~..°~ will open and all 12,000 tee times for 1965 f~r ea~n_yea~ ~h~ough 1999 ave s~ld out at $70 each. Th~r~ s~eep ou~ a ~ot ~ess than belongxng to a private countr~lu~.. Mary Hitchcock 2345 Coach House Dr. Brookfield, WI 53045-424~ New course is sold out Members of the Milwaukee Athletic Club have purchased all ~.2,000 tee times for 1995 at The Bog, a golf course opening in July, Arnold Palmer Course Design Co., a design firm owned by renowned golfer. Palmer has ired the course several times dur- ing construction and is e.xpected to attend the grand opening this summer. 2014 Rochester Ave. Iowa City. IA 52245 31 January 1995 Susan Horowitz, Hayor Iowa City City Council 410 East Washington Street Iowa City IA 52240 Re: Harlocke/Weeber/Highway l/Miller/Benton Street area Comprehensive Plan amendments, rezoning applications, and concept development plan Oear Mayor Horowitz: At the 17 January, 1995, City Council meeting, I made a verbal presentation during the public hearing on the Harlocke/Weeber/Highway i/Miller/Benton Street area Comprehensive Plan amendments, rezoning applications, and concept development plan. I also distributed a color sketch map to City Council which overlaid most elements of the Sensitive Areas Inventory Map - Phase ! onto the development plan for this area. The map demonstrates that this development plan will significantly dis%urb such sensitive areas as woodlands and steep slopes. Given the history of these tracts, some impact on sensitive areas is perhaps unavoidable, but, ! believe that both you and the citizens of Iowa City should be well informed about the extent of the proposed disturbances. I furthermore stated that I was concerned about five specific aspects of this development plan and briefly detailed they to you. Councilor Baker asked if I had prepared a written list of these points. ! did not have one available, for which I apologize to you, but now provide written versions of they below: Was the City-appointed Environmental Technical Advisory Committee consulted about these proposals? If not, why not? If so, what were their findings? 4) The conditional zoning agreements in REZ94-0007 do not adequately protect the major ravine in this area. Only the new CC-2 on the "eastern portion of the Ruppert Tract" contains conditions pertaining to the protection at its west end of this ravine. However this ravine also ~cure on the northeastern side of the new RS-5 on the "western portion of the Ruppert Tract" and on the southern side of the "Jensen Tract." Conditions to protect these parts of the ravine should be included in the rezoning documents. There is no language in REZ94-0007 to insure the protection of archaeological resources. We know that an arohaeolcxjical site exists in this quarter section (see Sensitive Areas Inventory Map - Phase I). Bluff-top and bluff-base locations. like those in this area, are favorable for prehistoric occupations. The Office of the State Archaeologist (in Iowa City) should be consulted to find out if measures need to be taken to prevent further loss of our cultural heritage. The conditions in REZ94-0007 do not provide for pedestrian access from the heavily built-up areas on the bluff top to the new and existing commercial areas Mayor Horowitz, Iowa City City Council Page 2 51 January 1995 on the plain below. Since I have already seen shqopere struggling up and down this rough and undeveloped slope, it is appropriate that a pedestrian accessway be provided for the large number of Iowa City's citizens who live in this area. Neither the concept plan for this area nor the conditions in REZ94-0007 make any provisions for usable open space. If, as we heard at the City Council ~ork Session ol~ 16 January, 1995, a small, interior open space is possible on the hilltop north of and opposite Ruppert Road, than adequate pedestrian access must be provided to it from the heavily populated areas to the north and west. In an area such as this where access is difficult, it is imperative that the open space be pa~t o? a well-planned, integrated design, not left to an afte~thought. Thank you for your atten%ion to these matters. Sincerely yours, Richard S. Rhodes II NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 3rd day of January, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, at which (~aAring the Council will consider: resolution to annex an BO acre tract of land, known asthe Langenberg Tract, locat- ed southeast of Sycamore Street and east of Pleasant Valley Golf Course. 2. An ordinance amending the Zoning Chapter by changing the use regulations of an 80 acre tract of land, known as the Langenberg Tract, located southeast of Sycamore Street and east of the Pleasant Valley Golf Course from County RS, Suburban Residential, to RFBH, Factory Built Housing Residential. 3. An ordinance amending the Zoning Chapter by changing the use regulations of 61.96 acres of land located south of Whispering Prairie Drive from RS-8, Medium Density Single-Family Residential, to RFBH, Factory Built Housing Residential. 4. An ordinance amending Zoning Chapter Article N., Off-Street Parking Requirements, Section 14-6N-lB1 specifying construction materials for required hard-surface parking areas. 5. An ordinance amending Zoning Chapter Section 14-6E-6C1 to clarify the density requirement for dwelling units in the CE-2, Central Business zone. Copies of the proposed resolution and ordinanc* es are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK J~na~y 31, 1~5 Re= Residents of Modern Manor Names and Apollo Drive: Mr. Nguyen: Factory Worker ~s ~h]: Reh~ ~. ~h: R.N. ~s ~th: R~ ~. ~1~: U.T.A. ~.~ne ~ ~& ~ Wi~ ~ity ~1o~'s JanUarl~ 31, 1995 Re~ Residents of Modern l~nor Im~a Drive: Mrs Newton.- ~-~v~sit~, ~,,.-lo~,ee Mr. I~e~: ~ Ci~ ~r~ ~. ~n~: A.C.T. ~1~ ~. & ~s ~: ~ ~e/U.T.A. ~ ~obi ~: ~- ~m: ~ I~ City ~ ~s ~-~: ~ ~. ~fi~ ~ ~. ~dd~: ~r ~ ~ ~. Rogh: ~o~ A.C.T. ~anuary 31, 1995 R~: Residents of l~dera I~mor Nams ~.d Occupation Metric Road: Mr. Slade: Retired/s.s. Mr England: university ~s. Frantz-- Student/ Par~ time work Mr. Aubrecht: Retired FederaliWor~_r Mrs Willou~nlF: Day be Mr. Trimble: OWn.r Mobile ~ome Services Mr. Faseari.- 0wn,r A~m Auto ~x~ Ms. Werkm~/ster: House Keeper Iowa City Doctor Ms. Fry: R~ployee Napa Auto Parts Mr. Sliger: ~loyee Office Surlily MS. F~nk: r~i%~-rsity Offiee ~m~loyee R~,,,~e Street: Mrs Moffitt: Uni%~-rsity l~dical Division Mr & Mrs Kanak: Re~ired Federal ~m?loyee MS. L~ing: University Mr. Ribble: Retired Mr. Schrader: U.T.I. Offlee Workar Mrs J~men: 3 Jam,~ry 31, 1995 Re: Residents of l~deru Manor Names and 0c~upa~ion Mr. Secjre~to: R.N. r~tversi~¥ of Io~a Mr. Dudac: Oak Dale Officer Mr. Ncjuyem: U.?.A.l.l-e Worker Mr & Mrs Kennel.- O~ners Sp~er ~ Mr. Wolf: Emploi~ee Crandic l~ail MS. Quin~e/: Officer I~a Nati~mal (~2rd Mr. & Mrs Park: l~cired Blue Cross of ~Xam ~mplOl~e Mr. Posivio: ~.?loI~ ToI.~a of Ic~a Cit~ Mr. H~cz: l~.a~er H~-Vee Stores Video Cour~: Mr. Sa~cmah: Ma.a~r Pi~.~a H~ Mr. & Mrs Jarrard: Re~ired Mr. Ilang: E~plOl~e a.~-~ Fac~ Mr. Rolfs~ University ~p. lOl~e 4 28 January 1995 358 Magowan Ave Iowa City, IA 52246 Iowa City City Council 410 East Washington St Iowa City, IA 52240 To the City Council: I understand there is a plan for a giant trailer court south of town. There are two problems with such a plan. (i) A dense concentration of such housing is likely to breed crime and harm neighboring people. (ii) Use of flood relief funds for this sort of project may well be illegal and bring problems of various type to the city. Sincerely, ~oderic Lake-~s City of Iowa City MEMORANDUM Date: Janua~J 24, 1995 TO: City Council and City Manager From: Karin Franklin, Director, Dept. of Planning & Community Develop eL'h'-'ff~t~ ~Madanne Milkman, Community Development Coordinator '-~ Re: Greenview Manufactured Housing Park At the last Council meeting you requested information on alternative uses of the flood monies if they were not used to help acquire land for Greenview. In this context, the timing for commitment of the flood monies must be considered. A. Time Constraints on Use of Flood Monies The City received two allocations of Supplemental CDBG funds for flood relief. Most of the first (1993) allocation of $1.055 million has been expended. We anticipate that the remaining $180,000 will be used to complete home flood repairs that are still outstanding. To date, none of the $1.302 million dollare of the second (1994) flood allocation has been spent; however, these funds must be committed by August 15, 1995. Commitment in this case means that there must be legally binding agreements for the use of all the money by that time. In other words, if the funds are to be used to assist families to relocate out of the flood plain, there must be a legally binding agreement with each household for a fixed amount of money by 8/15/95. If such agreements are in place, the funds can be expended over several years if necessary. B., Alternate Uses for Flood Monies Flood monies can be used to repair, replace or restore facilities damaged by the flood and to mitigate future flood hazards. Where the funds are used to acquire floodplain land and assist households with relocating out of the floodplain, there must be voluntary compliance by the owners involved. It is our understanding that a majodty of the Council wishes to both encourage residents to move out of the floodplain and to add to the stock of housing affordable to low income residents in Iowa City. Alternatives #1, #2, and #3 below address one or the other of these goals. Alternative #2 comes closest to addressing both. #1. In order to relocate households out of the floodplain, funds can be used for downpayment assistance, moving costs, rehabilitation or similar expenses which will assist households to move to higher land. This option moves current residents out, but does not keep others from moving in.. No additional hous!ng stock is provided. #2. Funds can be used for acquisition and/or construction of housing appropriate for floodplain residents wishing to move, i.e. similar types of housing that is not in the floodplain. Again, this option may only move current residents out of the floodplain. This option does add to our stock of affordable units. #3. Voluntary buyout of floodplain lands which must then remain public open space in perpetuity. In Iowa City, such land includes but is not limited to part of the "Showere Estates", the Peninsula floodplain land, and Thatcher Mobile Home Park (which is still on the market). The buyout ensures the removal of residences from the floodplain. No additional units are added to our housing stock; in fact, some are removed. ~4. Construction projects to mitigate the effects of future flooding, e.g. riverbank improvements, protective levies, raising northbound lanes of North Dubuque Street, storm drainage improvements in the Ralston Creek floodplain, etc. Neither of the residential issues are addressed. This option invests in infrastructure for protection from flooding in the future or to repair damages from 1993. Any project undertaken must have purchase agreements, approved bids, or other legally binding agreements by August 15 of this year, which is not a lot of time. Draft Agreement wi~h the Wolfe. Some revisions to the draft CDBG agreement are attached. Changes are in bold and underlined. The targeted income levels for renters of the 116 Fair Market Rent pads have been changed to at or below 65% median income. For the 20 rental units that the Wolfs have agreed to provide, the targeted income is at or below 50% of median. Tenants who meet these income guidelines when they enter the park may improve their income situation up to 80% of median income before they lose their subsidy. We feel this is consistent with CITY STEPS by allowing people to move up and out of subsidies. Swap of Lend Owned by Johnson County A memo from Karin Franklin is attached. bcl-lmm AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ROBERT AND ERMA WOLF FOR THE USE OF SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this day of ,1995, by and between the City of Iowa City, a municipal corporation ("City"), and Robert and Erma Wolf, a private party ("Subrecipient"); WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the 1992 National Affordable Housing Act (Public Law 102-550); and Public Law 103-211 (Disaster Assistance Funds); and WHEREAS, the City wishes to utilize Supplemental CDBG funds to assist the Subrecipient in the acquisition of approximately 80 acres of property, legally described within (sea Appendix A), to be used for the construction of a manufactured housing park; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART PURPOSE AND SCOPE OF SERVICES: The Subrecipient shall use said funds to acquire approximately 80 acres of property for the purpose of constructing a manufactured housing park in accordance with the conditions set forth in the Conditional Zoning Agreement ("the Project"). The Subrecipient shall provide a minimum of 116 pads at Fair Market Rent (FMR) for a time period equal to twenty-thousand eight hundred and eighty (20,880) months of rent at FMR. Said FMR pads shall be scattered throughout the development. A first priority will be given to households relocating from the floodplain the rest of the FMR pads shall be rented to low income households, under 6~ percent of median income. Additionally, the Subrec~tent shall provide twenty (Z0! manufactured housing units for use as rental units targeted to households under 50 percent of median Income. (See Appendix B for additional information) The Subrecipient shall subject all rules, regulations, requirements, and lease terms related to the FMR pads to the City for review and written approval. Development of designs for the project shall be the responsibility of the Subrecipient, subject to approval by the City. The City shall provide technical assistance, as needed, under this Agreement. The Subrecipient shall be responsible for all procedures and subcontractural 3- 7 APPENDIX A Le,~l Description: The West one-haif(W 1~2) of the Southeast Quarter (SE 1\4) of Section 26, Township 79 North, Range 6 West of the 5th PM, except beginning at the Northwest corner of the West Haif of the Southeast Quarter of Section 26, Township 79 North, Range 6 West of the 5th PM, thence South one rod, thence East to East line of said West Half of the Southeast Quarter, thence North one rod to the Northeast corner of said West Half of the Southeast Quarter, thence West to the place of the beginning. a.k.a. Langenberg Tract APPENDIX B I. Calculation of Months of Service I I(5 lots x 15 years x 12 months = 20,880 months of lots rented at Fair Market Rent. Lots used as FMR lots shall be scattered evenly throughout the development as build-out of the project occurs. II. Fair Market Rent The U.S. Department of Housing and Urban Development (HUD) shall establish the Fair Market Rent (FMR) levels for Iowa City, traditionally on an annual basis. FMRs set by HUD shall be placed in effect on November 1 of each year of this agreement. In the event HUD discontinues a FMR determination the rent for the subsidized units shah be set by the City of Iowa City and Subrecipient. The City of Iowa City shall provide Subrecipient with current HUD income guidelines and HOD Fair Market Rent determinations each year of this agreement. HI. Income Certification Subrecipient shall submit to the City of Iowa City, Community Development Coordinator, an annual income certification of tenants residing on any lots subsidized through this agreement. Said income certification form shah include the resident's signature and social security number. The completed income certification forms shall be submitted to the City by October 15 each year of this agreement. 3(,7 IV. Qualification of Tenants for FMRY. I~ Tenants receiving subsidized rent through this asreement must be at or below 6S percent of median ~ at time of application and continue to be income eligible (under 80 percent of media,O, as &term]ned through the annual income c, en~cation process. In the event a tenant is no longer income eligible, that tenant shall no Ionge~ pay the established ~ but shall pay the market rate rent in effect at the time olincome certification. Should a tenant become income eligible while residing at Green View, the tenant may apply to qualify for the ~ pads or be placed on the waiting list. V. Rental Units Subrecipient shall provide twenty (~q) units of rental housing within the proposed project targeted to households at or below 50 percent median income at time of application. Amount of rent charged for these units shall be set by HUD (see Section H) and su~eet to theIowa City ]Public Housing Authority*s ([CPHA) rent reasonableness calculation if the tenant occupying one ofthe said rental units is receiving rent assistance from the ICPI;A. Said rental units shall be scattered throughout the park as development occurs in proportion to the total number of pads developed. However. aH units to be owned and leased by the Subrecipient will be placed in the park and leased to eligible households no later than seven (7) years of executior~ ofthls agreement The utilization and income targaflag ofsatd rental units shall be in effect for the term of this agreement: however, in the event appropriate rent assistance programs are terminated or curtailed the Subrecipient and the City shall mutually agree on reasonable changes to this part of the agreement. which may include the elimination of this aspect of the agreement.. Vt. Construction Completion Schedule for Community Building The storm shelter portion of the community building shall be completed as necessary for the safety ofthe tenants. Completion of the remainder of a community building, for meeting purposes, the provision of services, or general activities shall be completed by the time 250 lots are completed or 200 lots are under lease. City of iowa City MEMORANDUM Date: To: From: Re: January 26, 1995 o, co.,no,, Kar!n Franklin, Directo County Land Exchange Attached is a letter from the City Manager to Charlie Duffy, Chair of the Johnson County Board of Supervisors, regarding possible exchange of the Langenberg tract for a comparable piece of land owned by the County at the site of Chatham Oaks. The Supervisom have indicated informally that there was not a majority in favor of ehtertaining the idea of this exchange. Therefore, this option does not seem to be viable as an alternative site for the Green View project south of town. Attachment January 18, 1995 Charlie Duffy, Chair Johnson County Board of Supervisors P.O. Box 1350 Iowa City, IA 52244-1350 CITY OF IOWA CITY Dear Charlie: As you are aware, the City is working on an annexation and rezoning request in order to develop the proposed Greenview manufactured housing park. This proposed project is to provide for housing opportunities for low-income citizens and those wishing to move from the floodplain. While there are many issues yet to be resolved, one concern that has been raised is location of the project. During earlier discussions the issue of whether Chatham Oaks could serve as a potential site for an affordable housing/manufactured housing park was brought forth. Many months ago I spoke with representatives of the County government concerning the possibility of the Chatham Oaks site for a manufactured housing park. At that time I was advised that the County felt the land was needed for some future county use, particularly a county home, if it should be necessary. I understand the need for your decision to provide sufficient land in order to meet such a need if it were to occur. During the earlier discussions, it was apparent to me that a possible land swap could occur, that is the City would provide land to the County in order to meet your needs. The Chatham Oaks site would then serve as a location for a manufactured housing park, thereby addressing our housing affordability issues. I would appreciate some confirmation of this issue and, in particular, if the land swap is a feasible alternative. The City Council will be discussing this issde and an expression of County policy concerning the potential for such a land swap would be appreciated. If you or any other members of the County Board need further information, please feel free to call upon me. Sincerely, Stephen J. Atkins City Manager CC: City Council Karin Franklin (10 EAST WASHINOTOI~I STREET · IOWA CITY, IOWA $J240ol8:16 · (~119) 3S6.~000 · FAX (319) J$6-SO0g County Charles D. Duffy, Chairperson Stephen P. Lacina Joe Bolkcom Don Sehr Sally Stutsman January 27, 1995 RECEIVED JAN 30 1995 BOARD OF SUPERVISORS Stephen J. Atkins, City Manager City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Steve: I have visited individually with the various members of the board regarding your letter of January 18, 1995, requesting a swap of land between the City and the County. At this time there is not the support for this arrangement. Sincerely, C: Karin Franklin 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: 019) 356-6000 FAX: (319) DEFEATED RESOLUTION NO, RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN 80 ACRE TRACT OF LAND, KNOWN AS THE LANGENBERG TRACT, LOCATED SOUTHEAST OF SYCAMORE STREET AND EAST OF THE PLEASANT VALLEY GOLF COURSE. WHEREAS, Robert and Erma Wolf have a purchase offer on an approximate 80 acre tract of land located southeast of Sycamore Street and east of the Pleasant Valley Golf Course, owned by the Langenberg heirs; and WHEREAS, Robert and Erma Wolf and the City of Iowa City, Iowa, have requested annexation of the 80 acre tract into the City of Iowa City, Iowa; and WHEREAS, this tract is contiguous to the corporate limits of the City; and WHEREAS, pursuant to Iowa Code §368.7, notice of the application for annexation has been forwarded to effected public utilities, including Iowa-Illinois Gas and Electric Company, Eastern Iowa Light and Power Cooperative, TCI of Eastern Iowa, and U. S. West; and WHEREAS, no comments have been received from said public utilities concerning the proposed annexation; and WHEREAS, pursuant to Iowa Code §368.7, notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, the City of Hills, Iowa, and the East Central Iowa Council of Governments; and WHEREAS, no comments have been received from the City of Hills, Iowa, or the East Central Iowa Council of Governments on the proposed annexation; and WHEREAS, discussions between the Johnson County Board of Supervisors and the Iowa City, Iowa, City Council have resolved road improvement and maintenance issues concerning impacted roadways, including Sycamore Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following described land shall be voluntarily annexed to the City of Iowa City, Iowa: The West One-Half (W ½) of the Southeast Quarter (SE ~) of Section 26, Township 79 North, Range 6 West of the 5th PM, except beginning at the Northwest corner of the West Half of the Southeast Quarter of Section 26, Township 79 North, Range 6 West of the 5th P.M., thence South 1 rod, thence East to East line of said West Half of the Southeast Quarter, thence North 1 rod to the Northeast corner of said West Half of the Southeast Quarter, thence West to the place of beginning. Resolution No. Page 2 e The City Clerk is hereby authorized and directed to certify and file the necessary documents with the City Development Board as required by Iowa Code S368,7. Passed and approved this day of , 1995, ATTEST: CITY CLERK It was moved by t~ovick and upon roll call there were: AYES: x X X X X ppdadm~n~a~anax,res MAYOR and seconded by NAYS: DISAPPROVED Lehman the Resolution be ~, ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Thingmorton NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 3rd day of January, 1995, In the Civic Center Council Chambers, 4,10 E. Washington Street, Iowa City,'lowa, at which hearing the Council will consider: 1. A resolution to annex an 80 acre tract of land, known as the Langenberg Tract, locat- ed southeast of Sycamore Street and east of Pleasant Valley Golf Course. An ordinance amending the Zoning Chapter by changing the use regulations of an 80 acre tract of land, known as the Langenberg Tract, located southeast of Sycamore Street and east of the Pleasant Valley Golf Course from County RS, Suburban Residential, to RFBH, Factory Built Housing Residential. 3. An ordinance amending the Zoning Chapter by changing the use regulations of 61.96 acres of land located south of Whispering · Prairie Drive from RS-8, Medium Density Single-Family Residential, to RFBH, Factory Built Housing Residential. 4. An ordinance amending Zoning Chapter Article N., Off-Street Parking Requirements, Section 14-6N. 1B1 specifying construction materials for required hard-surface parking areas. 5. An ordinance amending Zoning Chapter Section 14-6E.6C1 to clarify the density requirement for dwelling units in the CB-2, Central Business zone. Copies of the proposed resolution'and ordinanc- es are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ,/,7