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HomeMy WebLinkAbout1995-08-29 Public hearingNOTICE OF PUBLIC HEAR;NG Notice is hereby'given that a public hearing will be held by the CiW Council of Iowa City, Iowa, at 7:30 p.m. on the 15th day of August, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at ~v~hearing th.e Council will consider: A resolution to annex a 3.05 acre tract located north of American Legion Road and west of Arlington Drive. (ANN94- 0008) 2. An ordinance amending the Zoning Ordinanc~ by amending the use regula- tions of a 3.05 acre tract located north of American Leg, ion Road and west of Arlington Orive from County RS, Subur- ban Residential, to RS-5, Low Density Single-Family Residential. (REZ94- 0013) Copies of the proposed resolutions and ordi- nances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa, Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place, MARIAN K. KARR, CITY CLERK ppdadmin\ccS-15.nph Treat your family like royalty. Treat them to Windsor Ridge. August 22, 1995 City Council City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Council Members: We are writing concerning ANN94-0008 and REZ94-00013 involving Windsor Ridge Subdivision. You first considered these matters at the August 1 Council meeting and opened and continued the public hearings on August 15. Our understanding is that the public hearings will be completed on August 29 and that first consideration is scheduled as well. Our long term objective in pursuing this annexation is to complete the development of these lots and have them on the market for spring construction in February 1996. The lead time needed to get the lots ready is approximately five months once Council has completed consideration. In addition to the formal platting- process with the Planning and Zoning Commission, we will also have the complication of needing to get the sewer, water, and concrete work completed before winter weather sets in. Our shorter term objective is to clarify the status of this land. As I am sure you realize, how this land is treated has a direct impact on surrounding lots and their marketability. Please accept this letter as a formal request for expedited consideration for both ANN94-0008 and REZ94-00013. The economic and planning impact would benefit everyone involved. Sincer~~ ~~ohnMoreland Marketed by EP, A'NATIS-HOUSER REALTORS 1700 First Avenue/Eastdale Plaza, Iowa City, IA52240 Windsor Ridge Development Company Gary Watts Telephone 319-354-6760 Toll-free 1-8004~1~760 Mobile ~ 319-331-0016 Township of Culross P.O. Box 10 - NO@ 2S0 // ?~... TeeBwater, Ontario .................... ~,.A-~, ........................................ f9 .......... OFFICE (5 f9)392-6623 . SHED 392- 6252 - FAX (Sf~)~g2-626tt NUMBER OF PAGES INCLUDING 'I'lliS COVER SIIEET: ,,.~ Honorable Nayor and City Council Iowa City, Iowa August 10, We formally protest the rezoning and annexation of Ridge-Part One Tract "A". - Windsor Windsor Ridge accepted the creation of its peninsula (Tracts A,B,and C) when they began their development. The peninsula ~s forced upon them by the State authority, the CDB (City Development Board) for one reason only: to protect the Weinstein property from becoming an island of land surrounded by Iowa City. Such an island is illegal according to Iowa Code 3~8.1. The City can't fezone Tract A without annexing it first. Such an annexation will, we believe, create an island. Since an island is illegal by State Code, we fear our innevitable involuntary annexation by the City, if you now accept the voluntary annexation of Tract A. We did not protest the development of Windsor Ridge because we were assured that we would not be involuntarily annexed. The. CDB created the peninsula to protect us.~ The law against islands has not changed.. If the Planning and Zoning Board of' Iowa City now choose to interpret Iowa Code differently than the State Authority, the CDB, perhaps we need the opinion of a higher authority. Windsor Ridge can legally develope Tract A as County land. Let t~hem do it, maintain the status ~uo, and continue to protect us according to the original development plan, accepted by this City, this Planning and Zoning Board and this developer, only a short time ago. a Commissioner, etc. Clerk Treasurer, for Township of Cuiro~ Alan and N~na Weinste~n 3880 0wl Song Lane, S.E. Iowa City, Iowa 52240 TO: PROTES'T OF REZONINQ HONORABLE MAYOR AND crl¥ COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of twenty percent or more of the area of the property included In the proposed zoning change, or the owners of twenty percent or more of the property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change I,~ proposed, do hereby protest the rezoning of the following property: This petition is signed and acknowledged by each of us witb the Intention that such rezonthg shall not become effective except by the favorable vote of at least threeqourlhs of all the members of the council, all In accordance with §414.$ of the Code of Iowa. On thls .Z~T,z~tay of _~..,~2~...~'., 19.~_, before me, the undersigned, a Notmy Fubllc in and foLsald co~u~nty and $ta~, personally appea~ed ~'/~,,.~, and ~'~.~. ,~/:~.-v~...~/ to me I(nown to be the Identical persons narned in and who executed lhe whhth and foregoing Inst~mant and acl<nowiedged that they executed the same as their voiuntmy act and deed. Property Address :~- ~-FT7'. g"z~-~eD · Treasurer, for Township of · Culross Property Address On this'~__~/y of ~.,~,..~ , 19.~_.~_, before me, the under. signed, .a. Notmy Public In end for said County and ~t_..?._,.p.ereonally appeared ~:~.~'.~.,,..,. ~',~.~..~>:.,~,~7~,.~/ end '"~'~'~' tO me Imow~ to be the Idanti(~,al persons named In and who executed the within and foregoing Instmmant and ac~'nowiedged that they executed the same as their voluntmy act and deed, Notary Publ~,/in and for the 8t~',~ O. ELIZABETH STOBO Commissioner, etc. C~erk Treasurer, for Township of NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will he held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 15th day of August, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. A resolution to annex a 3.05 acre tract located north of American Legion Road and west of Arlington Drive. (ANN94- <~ 0008) An ordinance amending the Zoning Ordinance by amending the use regula- tions of a 3.05 acre tract located north of American Legion Road and west of Arlington Drive from County RS, Subur- ban Residential, to RS-5, Low Density Single-Family Residential. (REZ94- 0013) Copies of the proposed resolutions and ordi- nances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin'cc8-15.nph 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 29th day of August, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at byiCh hearing the Council will consider: n ordinance amending the Zoning Chapter changing the use regulations of an ap- proximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single- Family Residential, to OPDH-8, Planned Development Housing Overlay. 2. An amendment to City Code Title 14, Chapter 6, Article V, "Minor Modification Procedures," to allow parking for persons with disabilities in the front yard of a commercial zone even when located adja- cent to a residential zone. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin\cc8-29.nph ORDINANCE NO. AN ORDINANCE AIVIENDING THE ZONING- ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 30 ACRES OF LAND LOCATED WEST OF MORMON TREK BOULEVARD AND SOUTH OF ROHRET ROAD FROM RS-5, LOW DENSITY SINGLE-FAMILY, TO OPDH-8, PLANNED DEVELOPMENT HOUS- ING OVERLAY. WHEREAS, Owner, as legal title holder, and Applicant, as purchaser, have requested that the City rezone approximately 30 acres of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay; and WHEREAS, the proposed rezoning will allow development of residential uses at a densiW higher than the current RS-5 zoning permits; and WHEREAS, Iowa Code §414.5 (1995) pro- vides that the City of Iowa City may impose reasonable conditions on granting the 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 adequate infrastructure, including sanitary sewer lines, private and public sidewalks and streets are built and maintained to serve the proposed residential development on this prop- arty; and WHEREAS, the City wishes to ensure that the development is phased so that each phase contains a mixture of multi-family and town- house-sWle dwelling units; and WHEREAS, Owner .and Applicant acknowl- edge that certain conditions and restrictions are teasenable to ensure appropriate urban devel- opment in this area of Iowa City; and WHEREAS, the Owner and Applicant have agreed to develop this property in accordance with certain terms and conditions to ensure appropriate urban development in this area of Iowa City; and WHEREAS, in accordance with the Compre- hensive Plan, the proposed rezoning will allow development of housing at a medium density in an area where public services and commercial development are available to serve such hous- ing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agree- Ordinance No. Page 2 ment as authorized by Iowa Code §414.5 (1995), a copy of which is attached hereto and incorporated by reference herein, the property described below is conditionally reclassified from its present classification of RS-5 to OPDH-8: Beginning at the northeast corner of the southwest quarter of the southwest quar- ter of Section 17, Township 79 North, Range 8 West, of the Fifth Principal Merid- ian, thence S00°24'00"E, along the east line of the southwest quarter of the south- west quarter of Section 17, 1146.92 feet; thence S83°41'55", 710.51 feet, to the northeasterly right-of-way of relocated primary Highway U.S. 218; thence N47°47'OO"W, along said right-of-way line 841.49 feet; thence NOO°12'31"W, along the west line of said southwest quarter of said southwest quarter 616.66 feet; thence N89°44'22"E, along the south right-of*way line of Rohret Road, 481.00 feet to its intersection with the west line of the right-of-way parcel ac- quired by the acquisition plat recorded in Deed Book 1807, at page 291 of the records of the Johnson County Recorder's Office; thence SO0°17'38"W, along the west line of said right-of-way acquisition parcel 4.00 feet to the southwest corner thereof; thence southeasterly along the south line of said right-of-way acquisition parcel 333.14 feet, along a 960.00 foot radius curve concave southerly, whose 331.47 foot chord bears S80°21'10"E; thence S70°24'41"E, along said south line 14.42 feet; thence southeasterly, along said south line 363.03 feet, along a 1040.00 foot radius curve, concave north- easterly; whose 361.19 foot chord bears S80o24'41"E; thence N89°35'19"E, along said south line, 114.47 feet to the southeast corner thereof; thence NOO°24'OO"W, along the east line of said right-of-way acquisition parcel, 163.89 feet to the northeast corner thereof; thence N89°49'52"E, along the north line of the southwest quarter of the southwest quarter of Section 17, 33.00 feet to the point of beginning. Said tract of land containing 30.041 acres total, more or less, of which 1.028 acres is intended to be dedicated/obtained for public rights-of- way, and is subject to easements and restrictions of record. Ordinance No. Page 3 SECTION II. ZONING MAP. Upon final pas- sage, approval and publication of this Ordi- nance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION III. CONDITIONAL ZONING AGREE- MENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners, applicants and the City. SECTION IV. CERTIFICATION AND RECORD- ING. Upon passage and approval of this ordi- nance, 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 Agree- ment, and to record the same in the Office of the Recorder, Johnson County, Iowa, at the Applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY.' if any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,' provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK city CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a Municipal Corporation (hereafter "City"), Robert and Kathleen Carson (hereafter "Owner"), and Melrose Investments, an Iowa General Partnership (hereafter "Applicant"). WHEREAS, Owner, as legal title holder, and Applicant, as purchaser, have requested that the City rezone approximately 30 acres of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay; and WHEREAS, the proposed rezoning will allow development of residential uses at a density higher than the current RS-5 zoning permits; and WHEREAS, Iowa Code §414.5 (1995) provides that the City of Iowa City may impose reasonable conditions on granting the 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 adequate infrastructure, including sanitary sewer lines, pdvate and public sidewalks and streets, are built and maintained to serve the proposed residential development on this property; and WHEREAS, the City wishes to ensure that the development is phased so that each phase contains a mixture of multi-family and townhouse-style dwelling units; and WHEREAS, Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure appropriate urban development in this area of Iowa City; and WHEREAS, the Owner and Applicant have agreed to develop this property in accordance with certain terms and conditions to ensure appropriate urban development in this area of Iowa City. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: Robert and Kathleen Carson are the legal title holders of property on the west side of Mormon Trek Boulevard south of Rohret Road, which property is more padicularly described as follows: Beginning at the northeast comer of the southwest quarter of the southwest quarter of Section 17, Township 79 North, Range 6 West, of the Fifth Principal Meridian, thence S00°24'00"E, along the east line of the southwest quar[er of the southwest quarter of Section 17, 1146.92 feet; thence S83°41'55'~N, 710.51 feet, to the northeasterly right-of-way of relocated primary Highway U.S. 218; thence N47"47'00"VV, along said right-of-way line 841.49 feet; thence N00°12'31'~V, along the west line of said southwest quarter of said southwest quarter 616.66 feet; thence 2 N89°44'22"E, along the south right-of-way line of Rohret Road, 481.00 feet to its intersection with the west line of the right-of-way parce! acquired by the acquisition plat recorded in Deed Book 1807, at page 291 of the records of the Johnson County Recorder's Office; thence S00°17'38'~/V, along the west line of said right-of-way acquisition parcel 4,00 feet to the southwest comer thereof; thence southeasterly along the south line of said right-of-way acquisition parcel 333.14 feet, along a 960.00 foot radius curve coreceve southerly, whose 331.47 foot chord bears S80°21'10"E; thence S70°24'41"E, along said south line 14.42 feet; thence southeasterly, along said south line 363.03 feet, along a 1040.00 foot radius curve, concave northeasterly; whose 361.19 foot chord bears S80°24'41"E; thence N89°35'19"E, along said south line, 114.47 feet to the southeast comer thereof; thence N00°24'00'~, along the east line of said right-of-way acquisition parcel, 163.89 feet to the noAheast comer thereof; thence N89°49'52"E, along the north line of the southwest quarter of the southwest quarter of Section 17, 33.00 feet to the point of beginning. Said tract of land containing 30.041 acres total, more or less, of which 1.028 acres is intended to be dedicated/obtained for public rights-of-way, and is subject to easements and restrictions of record. Owner and Applicant acknowledge that the City wishes to ensure that the proposed development is served by adequate public and private infrastructure and that it is built in phases so that each phase contains a mixture of multi-family and townhouse-style dwelling units. In consideration of the City's rezoning of the subject property from RS-5 to OPDH-81 Owner and Applicant agree that development and use of subject property will conform to the approved OPDH plan and all .RS*8 zoning regulations, as well as the following additional condilions: Until the Abbey Lane sanitary sewer line upgrade is completed, building permits shall be issued for no more than 150 dwelling units on the subject property. Upon completion of the Abbey Lane sanitary sewer line upgrade, additional building permits may be issued by the City in accordance with the OPDH plan. At the time of final OPDH plan approval, the applicant shall submit legal papers addresing and specifying the homeowners' association's responsibility for snow removal from the sidewalks and pdvate streets within the development. The applicant agrees to pay to the City a sum equal to the cost of constructing and installing a four (4) foot-wide public sidewalk along the property abutting Rohret Road, at a cost of $2.55 per square foot. This fee is in lieu of sidewalks that otherwise would be required to be built by the applicant, and said amount shall be used to construct said sidewalk following the completion of irriprovements to Rohret Road. 3 Construction of dwelling units shall be phased as shown on the OPDH plan, attached hereto as Exhibit A and by reference made part of this document. The Owner and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on land under Iowa Code {}414.5 (1995), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Owner and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. The Parties acl~nowledge 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 assignees of the Parties. Further, upon certification by the City Manager or Designee that all conditions contained in the Conditional Zoning Agreement have been complied with and satisfied, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, a release of all conditions placed upon the property by reason of the Conditional Zoning Agreement, a certified copy of which shall be recorded in the Office of the Johnson County Recorder at the Applicant's expense. Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner and Applicant from complying with all applicable local, state and federal regulations. 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, the Iowa City City Clerk shall record this Agreement in the Johnson County Recorder's Office at Applicant's expense. Dated this _ day of ,1995. OWNER By: Robert Carson By: Kathleen Carson MELROSE INVESTMENTS AN IOWA GENERAL PARTNERSHIP By: Gary Wafts 4 CITY OF IOWA CiTY By: Susan M. Horowitz, Mayor Attest: Marian K. Karr, City Clerk Approved by: STATE OF IOWA JOHNSON COUNTY On this day of , 19.~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Robert and Kathleen Carson, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this . day of ,19 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is one of the partners of , an Iowa General/Limited Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. Notary Public in and for the State of Iowa 5 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, , a Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of 19 , and that Susan M, Horowitz and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa __ I i I_._ ! / STAFF REPORT To: Planning and Zoning Commission Item: REZ95-0009. Mormon Trek Village GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: File date: 45-day limitation period; SPECIAL INFORMATION: Public utilities: Prepared by: Robert Miklo Date: July 20, 1995 Melrose Investments 1700 First Ave. Iowa City, IA 52240 Rezoning from RS-5 to OPDH-8. To allow construction of 118 townhouse dwelling units and 114 multi-family dwelling units. Southwest corner of the intersection of Mormon Trek Boulevard and Rohret Road. 29.01 acres. 2-8 dwelling units per acre. Single-Family Residential - Agriculture; RS-5. North - Residential; RS-8, OPDH-8. East - Residential; OPDH-8. South - Religious Institution; RS-5. West - Agricultural and Residential Highway 218; RS-5 and RR-1. June 29, 1995. August 13, 1995. Municipal water service is available to serve the site. Due to constraints in the Abbey Lane sanitary sewers line, there currently is sufficient sewer capacity for approximately 150 dwelling units in this area. The Capitol Improvement Plan pro- vides for the improvement of the Abbey Lane sanitary sewer line this fiscal year. 2 When the improvement is complete sanitary sewer capacity will be available to serve the entire site. Public services: Municipal fire and police 9rotection will be provided by the City. Transportation: Transit service to this area is provided by the Plaen View route with stops on Mor- mon Trek Blvd. at Cae Drive northwest of this property. Mormon Trek Blvd. and Rohret Road, which is being reconstruct- ed as an arterial street, provide access to the property. Hwy. 218 forms the southwestern boundary of the property. Physical characteristics; The property generally slopes from a high point on the north side down to- wards the southern property boundary where stormwater detention facilitiesare proposed. A less severe slope occurs from Mormon Trek Blvd. down to the west where a 120 foot wide gas pipeline easement crosses the property at a diagonal. An existing farmhouse, which will be removed, is located near the high point of the site near the northwest corner of the property. The floodplain of Willow Creek is located along the south- ern boundary of the property. BACKGROUND: The Commission recently reviewed a proposal to amend the Comprehensive Plan for this area to change the land use designation from residential 2-8 dwelling units per acre to 8-16 dwelling units per acre. At the same time the Commission was asked to fezone the property from RS-5, Low Density Single-Family, to OPDH-8 and OPDH-12, Planned Development Housing Overlay. This proposal would have allowed the development of 171 townhouses and 126 multi-family dwelling units for a total of 297 dwelling units. Over the course of the review of this former application, the plan was revised and the density was reduced to a total of 252 dwelling units. On April 20, the Commission voted 4-2 to deny the proposed Comprehensive Plan change and rezoning. The applicant has submitted a new application requesting that the property be rezoned from RS- 5 to OPDH-8 to allow the construction of 232 dwelling units (118 townhouse-style units and 114 multi-family units). The revised plan has a density of eight dwelling units per acre and therefore it is within the guidelines of the Comprehensive Plan for this area. A Comprehensive Plan amendment is not required. ANALYSIS: The proposed rezoning will be reviewed in relationship to the policies contained in the Comprehensive Plan for this area, the appropriateness of the density and design of this development for the area, the adequacy of infrastructure and environmental concerns. Comprehensive Plan: Sanitary Sewer: The Comprehensive Plan for southwest Iowa City recognizes that there are constraints in providing adequate sanitary sewer service to the southwest study area. The plan indicates that development should be encouraged to occur where adequate sanitary sewer service is available. In particular, the plan identifies properties east of Highway 218 including this property as being appropriate for development at this time. Constraints in the Abbey Lane sanitary sewer line limit sanitary sewer capacity to approximately 150 dwelling units on this property. A planned improvement in the Abbey Lane sanitary sewer line should remove this capacity constraint this fiscal year. To assure that the timing of the sanitary sewer improvement and the development of this property are coordinated, the rezoning should be conditioned upon limiting building permits to no more than 150 dwelling units until the Abbey Lane sanitary sewer improvements are begun. Density: The Comprehensive Plan designates that this area and most of the undeveloped portions of the southwest study area, as appropriate for low density development at 2-8 dwelling units per acre. The requested RS-8 zoning would be in compliance with the Comprehensive Plan designation of up to 8 dwelling units per acre. As discussed in previous staff reports and memoranda on this property, staff believes that this is an appropriate location for development at higher than an RS-5 density. As noted, the property has access to the city's arterial street system and transit routes. The proposal includes an area to be dedicated as neighborhood open space. Additional areas of neighborhood open space are being developed north of Rohret Road in conjunction with Walden Wood develop- ments. The property is in close proximitytothe Walden Square CN-1, Neighborhood Commercial zone. During the discussion of the previous rezoning application on this property concerns were raised regarding the intersection of Rohret Road and Mormon Trek Boulevard. The City's Transporta- tion Planner has been asked to evaluate the warrant for a traffic signal at this intersection. OPDH Plan: The proposed OPDH plan for Mormon Trek Village includes a series of private streets which provide access throughout the development. Rushmore Drive and Cascade Lane provide access to eight multi-family buildings. The three buildings which are on Cascade Lane each contain 18 units and a lower level parking garage. These buildings provide for a particularly efficient use of the land and minimize the amount of surface parking areas needed. This provides for more attractive open spaces with less paving and reduces the perceived density of the overall development. Rushmore Drive provides access to five multi-family buildings. Approximately half of the required parking spaces for these buildings are contained within garages proposed along Highway 4 218 and the southern boundary of this property. This design allows for a transition or buffer between Highway 218 and the proposed multi-family buildings. The other private streets within the development provide access to individual townhouse style units. These streets also contain a number of visitor parking spaces. All of the proposed townhouses which front onto the private street contain one or two car garages. The townhouses which are accessed from McKinley Place front onto Rohret Road and Mormon Trek Boulevard. The plan indicates that these units will have front doors facing Rohret Road and Mormon Trek Boulevard. This will provide for an attractive streetscape and entrance to the overall development. A mixture of evergreen and deciduous trees will provide a landscape buffer between these townhouses and Mormon Trek Boulevard and Rohret Road. A 120-foot wide pipeline easement crosses the property at a diagonal. A pedestrian trail is proposed through the easement. Two branch trails provide access to the open space contained within the pipeline easement from the townhouse and multi-family building clusters. The Parks and Recreation Commission has indicated that it is willing to accept the trail and an area of neighborhood open space at the intersection of Rushmore Drive and Mormon Trek Boulevard. The Parks and Recreation Commission has indicated that fees should be paid for the remaining approximate quarter-acre of open space required for this development. The proposed private streets within the development are shown as being 25 feet wide with 4 foot sidewalks being located immediately adjacent to the curb, These streets are narrower than 28 foot wide streets typically required for public streets, and do not have a greenway between the sidewalk and the street. Staff believes that this design may be acceptable for private streets in an OPDH zone, provided that the legal papers for the development specify that the Homeowners' Association will have snow removed from the sidewalks as well as the private streets. A stormwater basin is proposed along the southern boundary of the property within the floodplain of Willow Creek. Preliminary stormwater calculations have been submitted and are being reviewed by the Public Works Department. Normally the developer would be required to construct the sidewalk on Rohret as part of this development. Because the City is in the process of rebuilding Rohret Road, the applicant should pay fees in lieu of constructing the site. The sidewalk on Mormon Trek Boulevard will be built by the developer. Water main fees will also be collected for this development. A revised OPDH plan was submitted at a late date. Staff has not completed review of the revised plan. If there are any deficiencies and discrepancies found during staff review, they should be corrected prior to approval. STAFF RECOMMENDATION: Staff recommends that REZ-0009, an application to rezone 29.01 acres from RS-5 to OPDH-8 and the preliminary OPDH plan for Mormon Trek Village be approved conditioned upon: (1) a limitation of building permits to 150 dwelling units until the Abbey Lane sanitary sewer line is upgraded; (2) a provision in the legal papers indicating that the Homeowner's Association will remove snow from the sidewalks on the private streets; and (3) the applicant paying fees in lieu of constructing the sidewalk as Rohret Road, 5 ATTACHMENTS: 1, Location Map. 2. OPDH Plan. Approved by Kari~ Franklin, Director Department of Planning and Community Development LOCATION MAP REZC~5-000~ MO~MO~ 'TREK VILLAGF ~ST HIGH SCHOOL SUMMARY REPORT August 3, t995 To: City Council From: Planning & Zoning Commission Item: Application No. REZ95-0009: Mormon Trek Village APPLICATION INFORMATION Applicant: Melrose Investments 1200 First Avenue Iowa City, tA 52240 Request: Preliminary OPDH plan approval. Location: West of Mormon Trek Boulevard and south of Rohret Road. Existing Zoning: RS-5, Low Density Single-Family Residential Zone. Proposal: Rezoning to RS-8, Medium Density Single-Family Residential with an OPDH-8, Planned Development Housing Overlay to allow construction of 232 dwellings on an approximately 30 acre tract of land utilizing modified design techniques to enable clustering of dwelling units in multi-family and townhouse style buildings. The multi-family use proposed for the site varies from the uses permitted in the RS-8 zone. Other modified features include private streets with reduce pavement width and sidewalks located immediately adjacent to the curb. PLANNING & ZONING COMMISSION RECOMMENDATION Date of Recommendation: August 3, 1995 Recommendation: Approval, subject to 1) limitation of building permits to dwelling units until the abbey Lane sanitary sewer line is upgraded; 2) a provision in the legal papers indicating the homeowner's association's responsibility for snow removal from sidewalks on the private streets; 3) payment of fees in lieu of constructing the sidewalk on Rohret Road; and 4) phasing development according to the phasing schedule shown on the OPDH plan, Recommended Variations and Rationale: The Commission finds the following variances from the applicable provisions of the zoning and subdivision ordinances to be appropriate: Land Use Use Modification: The RS-8, medium-density single-family residential zone does not permit multifamily buildings or multiple duplex or townhouse-style buildings on one common lot. The Mormon Trek Village OPDH plan vades from the underlying RS-8 requirement in that it contains 114 multi-family units and 118 townhouse-style units on one common lot. The Commission found that the arrangement of the buildings on the lot, with townhouses adjacent to Mormon Trek Boulevard and Rohret Road and multifamily buildings located in the intedor of the lot, results in a land use arrangement which is compatible with the surrounding RS-8 and OPDH-8 developments. The proposed design includes a landscape buffer between the residential units and adjacent roadways including Highway 218, Rohret Road, and Mormon Trek Boulevard. The proposed building designs contain features, such as varied roofiines and staggered facades, which will lessen the appearance of bulk. The distance of the proposed structures from parcel boundaries, in addition to the installation of perimeter landscaping and landscaping within the development, will further diminish the perception of differences between the development and the surrounding residential development. The overall density of development equals 8 units per acre which is consistent with the Comprehensive Plan designation for this portion of the city. Street Standards and Specifications Reduced Pavement Width Requirements: The Commission endorses the design modifications for the private streets within the development. These streets are intended for two-way traffic. Instead of a 28-foot-wide paved surface, these streets are a minimum 25 feet in width. Three-inch integral roll curbs will define the edges of the paved surfaces. Four-foot-wide sidewalks will be located immediately adjacent to the curb as shown on the OPDH plan. The Commission finds that the street modification proposed for Mormon Trek Village will adequately provide for safe and efficient movement of vehicle traffic within the development and will satisfactorily accommodate emergency vehicle access. Because less paving is required, there will be more impervious surt'ace and a more efficient arrangement of dwelling units is possible. Parking Parking for the proposed development will comply with the number of parking spaces required by the Zoning Code. Individual townhouse units will have at a minimum one parking space in a garage and one parking space located on a driveway. Many of the townhouse units will have two parking spaces located in a garage and two parking spaces located in the driveway, exceeding the required number of parking spaces. In addition, clusters of four to ten off-street parking spaces are provided throughout the development. The three 18-unit multi-family buildings will contain parking spaces within lower level garages. The five 12-unit multi-family buildings will be accompanied by five 12-car garages. In addition, a parking lot for these buildings is located adjacent to Rushmore Drive. In a conventional development, no parking area may be designed in which exiting from a parking area would require backing onto a street. The proposed plan for Mormon Trek Village does require that several of the parking spaces back onto the pdvate streets. Due to the unobstructed sight distance from these parking areas, and to the fact that the streets are private, this design is not expected to be detrimental to the safe and efficient movement of vehicular or pedestrian traffic. ppdad~fffep~normontr.surn City of Iowa City MEMORANDUM Date: August 21, 1995 To; From: Re: City Council and City Manager Jeff Davidson, Assistant Director of Planning and Community Development ~[~/ Proposed traffic signal at the intersection of Mormon Trek Boulsvard and Rohret Road; Mormon Trek Village rezoning REZ95-0009 At your August 14 discussion of the proposed rezoning for Mormon Trek Village, Council inquired about the status of the traffic signal which is planned for the intersection of Mormon Trek Boulevard and Rohret Road. This traffic signal has been identified as a high pdodty by the Ty'n Cae Neighborhood Association. A traffic signal warrant study has been conducted by the Iowa City Traffic Engineering Division and shows the intersection does not currently meet any of the warrants for signal installation. However, several warrants are fairly close to being met. Given that this location is in a developing area of the community, it is appropriate to consider installation of a traffic signal based on projected traffic conditions. Jim Brachtel and I have reviewed traffic growth projections in the Rohret Road area to determine if a traffic signal may be warranted in the short-range future. The proposed Mormon Trek Village development would contain 232 multi-family dwelling units. Additionally, there are 90 platted single-family lots in the Wild Praide Subdivision and Southwest Estates Parts Five and Six. Development of the single-family lots has been awaiting a sewer line upgrade which will be completed this year. Jim and I believe the projected traffic generated from these developments will cause at least one of the traffic signal warrants to be met in the short-range future. Therefore we recommend proceeding with installation of the traffic signal at the intersection of Mormon Trek Boulevard and Rohret Road. Unless directed otherwise, Jim will proceed with setting everything up for installation in the fall of 1995 or spring of 1996. At your August 14 meeting there was also discussion of an impact fee for the Mormon Trek Village developer for all or part of the expense of the traffic signal. It is difficult to formulate a defensible impact fee for this situation. As noted, the traffic signal is almost warranted at the present time with existing traffic conditions. There are several other developments in this area which contributed to the need for the traffic signal, and none of these developments have been charged an impact fee. According to the methodology we use to calculate an appropriate impact fee, the percentage of total expense for the traffic signal that could be assigned to the Mormon Trek Village developer would be very small; less than 5% of the total cost. The total projected cost of the traffic signal is approximately $50,000. if Council wishes, staff can still inquire to see if the developer is interested in making a voluntary contribution to the traffic signal. However, we do not recommend pursuing an impact fee for this particular situation. cc: Jim Brachtel Bob Miklo~--'" ~cogtp~tpslg.ql.mn30 City of Iowa City MEMORANDUM Date: August 3, 1995 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Re~ REZ95-0009. Mormon Trek Village The applicant has submitted a revised plan which illustrates additional entrances to the trail system, A reduction of the plan is included in your packet, At the July 20 public discussion regarding this item a concern was raised regarding the capacity of Mormon Trek Boulevard. The attached March 10, 1995, memorandum from Jeff Davidson indicates that Mormon Trek Boulevard has sufficient capacity to accommodate traffic anticipated from the proposed development. Average daily traffic counts for Mormon Trek Boulevard in 1990 were as follows: South of Benton Street South of Rohret Road North of Highway 1 9,400 6,200 6,900 When completely built, the proposed development is estimated to generate between 1,200 and 1,400 average vehicle trips per day. Attachment bt~ez0009 JCCOG memo Date: Mamh 10, 1995 To: Planning & Zoning Commission From: Jeff Davidson, Transportation Planner Re: Summary of Transportation Impacts Development of Proposed Mormon Trek Village The proposed Mormon Trek Village development has had a number of concerns raised by the adjacent neighborhood regarding the tmnsporiation impacts on the existing residential area. Following is a summary of the projected impacts and issues of concern. As with all new development, it must be accepted that any redevelopment of this existing agricultural tract will increase the amount of traffic generated from the site. This will occur whether or not it is a low, medium, or high density development. We must ask if the traffic generated from the site can be managed appropriately according to the design standards we have for the various modes of transportation, and if the development will result in a good place to live. We must also assure that the new development does not result in inappropriate impacts to the existing neighborhood. Streets, The principal reason staff has agreed with medium density development for the proposed project is because it is a very clearly defined site. The site is clearly defined by an expressway (U.S. 218) and two artedal streets (Rohret Road and Mormon Trek Boulevard); This will allow traffic generated from the site to be accommodated directly on the arterial street system without negatively impacting adjacent residential areas. We are fortunate in this area to have adequate roadway capacity for the generated traffic on both Mormon Trek Boulevard and Rohret Road. We project that at build-out of the proposed Mormon Trek Village development, these artedal streets would continue to operate under capacity. This includes the portion of Mormon Trek Boulevard which goes from four lanes to two lanes adjacent to the site. There are few areas within Iowa City which can accommodate this density of development onto relatively unconstrained artedal streets. With respect to the street system, there are three potential problems which the City has been able to alleviate. They include: 1. The connection of Aber Avenue, With the platting of the Park West Subdivision, a decision was made to not connect the two ends of ~,ber Avenue which had been projected to be connected with a bddge over Willow Creek. This led to the subsequent renaming of the western portion of Abet Avenue to Abbey Lane. This action eliminated the potential for traffic generated outside of the Ty'n Cae neighborhood pass through and negatively impact the neighborhood. 2 The Intersection of Cae Drive and Rohret Road. This intersection is projected for signalization in the short-range future. The existing dogleg geometry would make signalization difficult. The reconstruction of Rohret Road this year will reconstruct the intersection at 90° and allow proper signalization in the future. 3. The intersection of Iowa Highway I and Mormon Trek Boulevard. Prior to signaliza- tion, this intersection experienced significant peak pedod delay, which created a traffic pattern that was perceived to negatively impact the Penny Bryn neighborhood on the east side of Willow Creek. It is my understanding that this condition has been alleviated since the intersection was signalized. An additional issue was raised with respect to the traffic capacity of Benton Street. The 1991 JCCOG Arterial Street Plan shows the existing volume/capacity (V/C) ratio on Benton Street between Mormon Trek Boulevard and Sunset Street to be under .8, indicating there is no capacity constraint. The short-range (10-year) traffic forecast shows this portion of Benton Street remaining under V/C of 1.0. Further east on Benton Street are both existing and projected V/C constraints, but this is far enough from the proposed Mormon Trek Village site that it is difficult to determine the degree of impact. Public transit. The proposed Mormon Trek Village development is located adjacent to the PI.ae,1 View route of Iowa City Transit. The Plaen View mute has the lowest average ridership per trip in the Iowa City Transit system. This means it has the greatest capacity available for additional passengers. We believe .that the Plaen View route can be easily accessed by residents of the proposed Mormon Trek Village development in its existing route configuration. Pedestrian and bicycle accessibility, The proposed design of the Mormon Trek Village development has a good sidewalk system to accommodate the circulation of pedestrians and bicyclists. It will be easily accessible to the neighborhood commercial zone north of the site at the intersection of Benton Street and Mormon Trek Boulevard. The site will also have good pedestrian access to Willow Creek Park and, as stated previously, to the Plaen View transit route. Sidewalks will be extended along Rohret Road and Mormon Trek Boulevard, as well as within the site. Please contact me if you have any questions regarding this information, or if there are any transportation issues which I have not addressed. @ ][3 1313- © © )O OO El O OO OO 0110 --"-: E-;"--:-:-:-:- >, © ~b uy 0 .T The following materials regarding this item were submitted by neighboring properly owners or other interested persons. ERA® WATTS - HOUSER, INC., REALTORS® August 25, 1995 City of Iowa City 410 E. Washington Street co Iowa City, IA 52240 Dear Council Members: In response to your inquiry regarding the affordability of housing in the proposed OPDH development called Mormon Trek Village, I am pleased to provide the following information. 1. All 232 units are intended for ownership by individuals or families; none of the proposed units will be sold or kept by the developer as rental units. 2. Units range in size from 850 to 1600 square feet and have either two or three bedrooms. Targeted markets include but are not limited to: graduate students, retirees, individuals and families entering the housing market, and smaller families. 3. All units have garages or indoor parking. 4. Four types of buildings will be constructed: a. Duplexes -- ranch and two-story plans b. Four Plexes -- two story units c. 18-plexes -- single level condominit[ms d. 12-plexes -- smaller single level condominiums 5. Prices -- based on 1995 dollars -- are expected to be in the following ranges: Duplexes -- $110 - $125,000 (58) Four Plexes -- $100 - $110,000 (60) 18-plexes -- $90 - $100,000 (54) 12-plexes -- $65 - $75,000 (60) 700 FIRST AVENUE / EASTDALE PLAZA ' IOWA CITY, IA 52240 ' (319) 354-6760 Each office indeperldenlly owned and operaled Iowa City Council August 25, 1995 Page 2 6. There is a condition in the zoning agreement to provide phased construction resulting in a mix of units and price ranges coming into the housing stream throughout the buildout of this project. 7. According to the Iowa City Association of Realtors statistics for the first six months of 1995, the average sales price for a home in Iowa City was $121,126. By contrast, this figure in North Liberty was $87,209. The average cost of a home in Mormon Trek Village will be approximately $94,000. I believe we are providing housing at an affordable level consistent with the needs of the entir~ community. I appreciate the opportunity to provide this information and will be happy to answer any questions you may have in regard to this information or any other aspect of the project. ERA® WATTS- HOUSER, INC., REALTORS® August 25, 1995 Iowa City Council City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Dear Council Mer~ers: As you consider the rezoning recommended by the Planning and Zoning Cormmission to support Mormon Trek Village, I hope you will keep in mind that the proposal before you is the result of over 10 months of careful, cooperative consideration by the Planning staff, the Planning and Zoning Commission, and me. While no group ended up with exactly what it wanted in the beginning of the process, we all support the Planned Area Development before you for the following reasons: 1. Mormon Trek Village meets the requirements of the City's Comprehensive Plan at 8 units per acre -- we have not used the OPDH provisions to override the Comprehensive Plan. 2. As a Planned Area Development, Mormon Trek Village has been subject to a complete, stringent design and planning review process. 3. This project involves infill development between two arterial streets (Mormon Trek and Rohret Road), bordered by Highway 218, and is within walking distance of two neighborhood commercial centers. 4. We are building a range of housing styles with affordable prices designed for entry level to retirement age buyers. 5. The property tax base will increase from current revenue of $1528 to approximately $650,000. 6. The economic impact on the construction industry will total over $30 million over the course of the buildout. [700 FIRST AVI~NUE/EASTDA/E PLAZA · IOWA CITY, IA 52240 ' (319) 354-6760 E.~ch office mdepende,tly o'...'n ed and operated City Council August 25, 1995 Page 2 7. The city and school district have already provided for the infrastructure expenses including Rohret Road, Weber School, the Plaenview Bus Route, and the Abbey Lane sewer line extension. 8. The project begins the stormwater retention network for the area west of Mormon Trek Boulevard. Mormon Trek Village represents an opportunity to provide a carefully planned development that responds to the entire City's need for affordable housing in an area that takes advantage of already available services. I would appreciate your support and would be pleased to hear any comments you may have. lair~erely' y arts ,i !! .. ,5-3 :re~,, Additional copies of this petition containing a total of .~ ~ signatures were also submitted, ppdacfmin~oe§~o~.box Return to 2236 Abbey by 7pm 8/3 PETITION We protest rezoning 29 acres at Mormon Trek and Rohret Road from RS-5, Single- Family Residential to OPDH-8, Planned Development Housing with private roads due to the increased density problems created with this higher number of residences. Name Address BELT-RHBRI$CD INSURANC TEL, No.319-354-511S Rug 29,95 15:40 No.012 P.01 A~g~et ~9, 1995 (** ~'AX TO: 356-5009L Cl~F Clogk 410 ~ ~oht~gton ~t Io~a City, Zowa 52240 MORMON TREK VI~LAG~ I recently sl~ued a petition on behalf of my N~thor as her attorney-in-fact, votoingoppoeiCion to the pleaned development at the corner o£ Wormon Trek Blvd and Rohret Rd. After looking into this~tter, I h~ve reconsidered and I hereby withdraw her development. si~nacu~e and ol~oaitl~n Co ~hio Please record accordLugly. ~n expires on Y~- ( ~' ;' 9 ~, ' TO: PROl'~,ST OF I~ZONINQ HONORABLE MAYOR AND CITY COUNCIL IOWA CfTY, IOWA We, th~ ur~Ugned, ~ th~ ~ of t~m~ty p~c~m or ~e ~ ~ ami ~f ~e'~ro~ Indud~ In ~e ~ z~ ~e, ~ ~ ~ of ~ ~nt or mo~ of ~e pmpe~ ~1~ Is I~ ~ln ~ hundr~ f~l ~ ~e e~e~r ~nd~ of !he prope~ for ~1~ the zoning ~ge Is pro~, do here~ pmt~t ~e mzonlng of ~e follo~ng pmpe~: ~ ~ Is s~ ~ ~ ~ e~ of ~ ~ ~e latin ~at such rezonlng sh~l not ~1 ~ ~ ~ ~ ~ ~te of ~ le~ ~re~fou~hs of all ~e Moperty Adclra~ STAT~ OF K3WA ) ) #: JOHNSON COUNTY ) ~n Ih~. Z.~ clay of ,~J( ,19_~_.,c';', befO~l m~, file undef~. g~ed, .a Nota~/Public in and or ~a. lci County ~ Slate, p~a4ma~y apl~aeed /L~,,~ ~ /L~.... ~ ~(,~ and to me ~ to ~ ~e Id~ ~ nam~ In and ~o ex~ ~e ~ln ~ f~ In~m~t ~ ~ged ~ ~ exerted the same ~ ~elr volu~ ~ ~ ~. ,. o, Owe~(s) of Properly Addre~ STATE OF IOWA JOHNSON COUNTY On this day of ,19 , ~l~'e me, the undersigned, a Notary Public in and for ~ald County and Slate, personally Ipplai'ed and tO me knoY~ to be the Identical pePJof~ named In ~' who executed the within and foregoing Instrument and ed(now~edged that they executed ~he same ae their voluntary act and de~l. Notary Pub~ In ~ lot fire State of Iowa TO: HONORABLE MAYOR ANO CITY COUNCI~ IOWA crTY, IOWA " We, the un~, ~g ~e ~ of twenty ~cem o,' m~e of ~ kea of the prope~y Inc~ude~ In ~e p~ z~g ~ha~ge, ~ the ~ of twe~y peme~t ~ more of [he properly which Is ~1~ the zoning ~e I~ pr~ ~ ~e~ ~otest ~e ~ezon~g of the fol~ng prope~: Ow~(~) of ~ A~m STATE OF IOWA ) ) #: JOHN,SON COUNTY ) Ona'~ Z&dayof P~U~ .19~,,~bef~eme~,,t~e, un~d, aNota~yPub. llelna~l for ~d ~ ~ s~. ~ ~,~ / 0~ & ~-..J~.'/ ~,,.'/~ and ~ ~ ~ to ~ ~ ~ ~ n~ In ~d ~o ex~ ~e ~ln ~ ~ ~ ~d a~n~g~ ~at ~W ~ted the same Own~'(s) d PTOf~ty Mdrm STATE OF IOWA ) ) ~: JOHNSON COUNTY ) On thL~ ~.,,_,..~_.~ day ~ ~6 , l g f~ ~l ~, ~ u~er~gn~. aNot~ PublE In and ex~ ~e ~ln ~ f~ ~ ~d ~g~ ~ ~ ex~ the same .. TO: PROTE87 OF REZONING HONORABLE MAYOR AND CITY COUNCIL IOWA C.~Y, IOWA (s} Prol~ ^d~ras, s We, the und~algn~l, being the ovm~ ~f twenty percent or ~e of ~e ~a ol ~e prope~ Indud~ In ~e ~ ~ ~, ~ ~ ~ d ~ ~ t ~ more of the prope~ ~ ~ I~t~ ~ ~ h~r~ f~ of ~ e~e~r ~ndad~ f the ptope~ for ~ ~e zoning ~ange Is ~o~, do h~eby ptot~ ~e rezonlng ol Ihe ~o~ng prope~: ~ ~ ~ ~g~ ~ ~ ~ ~ ~ ~ ~ ~e Inl~n ~al ~u~ rezonlng sh~l not ~t ~ ~ ~ of ~ le~ ~foudh~of all the ) ~: JOH, ~N ~ ) . ~ ~ln ~ f ~ me ~ to ~ ~ ~enl~ ~ n~ed In and ~o ~ ~r ~~ ~. In~ ~ ~g~ ~ ~ ex~ed ~e same ~rAT~ OF IOWA ) JOHNSON COUNTY ) for said to me known to be the Identical pers~e ~l~'~e~ in and who executed the within and foregoing Instrumen~ and acknowledged Ihe! they executed the same as their voluntmy act and deed. TO: HONOP.~.~LE I~,AYOR ANO ~ COUNCIL IOWA CI'IY, IC~VA ctuded In Ihe pr.o~ zorlng cl~e, c~ ~e ~ ~ ~ ~ ~ ~re of the pro~ ~1~ Is ~ ~ ~ hu~r~ f~t of ~e e~e~or ~nd~ of ~e prope~ for ~1~ ~e z~lng ~e ~ pr~, do ~e~ Forest ~ rez~ of ~e tol~ng prope~: - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~t~ ~ ~u~ rez~ng ~NI ~ ~l ~ ~ ~ ~ ~ ~e of at ~ ~f~hs ot all ~e , STATE OF IOWA ) ' ~ Pr~ ~r~ STATE OF IOWA JOHNSON COUNTY TO: HONOPABLE MAYOH AND CITY COUNCIL : ": IOWA CffY~ IOWA ' ~ We, the und~llgned, ~ ~ ownera of~ty p~'c~ ~ more of the m'ee olde pr~l~en'y Included In th~ ~opo#d zont~g ch~ge, o~ ~ ~ of twenty p~rcent or more of;the ~'operty'ahlc~ la located v~thln ~ hundred f~t of the exterior boundaries of the property ,,~lch the zoning ~ange I.. proposed, do he,eby proteat the rezonlng of the follo~ng propeR: Thl~ peltlion I~ slgr~l and ~ by each of u~ with the thtef~n that euch rezonlng 8h~ n~ ~e ~ ~ ~ ~e f~ role of at le~ ~re~foudhB of all ~e ~r^11~ oF iow~ ~OHN80N COUNTY On thl,I ...~ ally of /tl/.~/~ , lg ~.~',, I~:xl me. ttle urldef~gned, e ~otary Public In and Iof said County and State, i~onalht lq:)~ll~d .'"~.,r.~-> ,~'-//~,,..,'~- /'~.../¢ and to me kne~ to be the Idontlcal person-. named In and who executed the within ar, d foregoing Inetmme~t and acknowledged that they oxecuted the same ea their volunt~y ~'~ md deed. STATE OF IOWA ) ) ~: JOHNSON COUNTY ) ,Onthls,?..Z. dayof ~'~u(., _,16 ,~,-.g",bek~eme, theunderslgn~d, aNotmyPubliclnand ~or said County and State, personally a~peated g~/4t-~'/u' ,--,~,,~4~ ~'o~,,~,~,~5' and to me known to be the Identical person~ named In and who executed the wfthth and fere~ng Ins'aume~t and ackno'~edged that they executed the same as their voluntary act and deed, the State of Iowa TO: ~ OF R~LrONING HONOR/~LE MAYOR AM:) cr/Y COUNCIL IOWA CITY, IOWA We, t~he unclereigned, l~elng ~e awrmm af t~mnty pe~,¢=mt o~ more of the ~e. d ~he pn~pe~ included In ~ ~o~ z~ ~e, ~ ~ ~ of prope~ ~ ~ ~I~ ~ ~ h~ f~ of ~e e~e~r ~nd~ of ~e for ~1~ ~e zoning ~e ~ F- -~, ~ ~e~ protest ~e rezonlng of STA'r~ OF K3WA JOHI~ON COUNTY to me Imovm to 13~ the Identk'.al pef~ons nsmed In and who executed the w'~ln Iod fo~egolog }n~'tnJment and ,cknowledged that Ihey exect~ed the same By: ' ~(s) ~ ~ ~r~ STATE OF IOWA JOHN,SON COUNTY Onthl$._.~:~.day~, ,,~.~ ,le?=~...J~fo~me, theunderslg~d,a Not~/Publl~lnand for ~ald County aid 8{ite, ~ ~U~ ~,~{*,',] ~e~ ~lc~r~ ~ and to ~ ~ to ~ ~e Ide~l ~ ~ in ~d ~o exe~ the ~ln ~ ~ ~m~ ~d ~n~g~ ~t ~ ex~ed ~ s~e as ~elr ~{u~ ~ ~ ~, f~ PR~ OF REZONING TO: HONORABLE MAYOR N~D CgTY COUNCIL IOWA CITY, IOWA We, the u~er~gned, ~ the etm~ of tw~ I:~cent ~ mors of ~e area ot ~e pro~e~ in~ud~ In ~e pro~ z~ ~e, ~ ~ ~m of ~en~ ~cent or more o~ the prope~ ~1~ Is Io~l~ ~ln ~ hundr~ f~t of ~e e~e~or ~undades o~ Ihe pro~ for whl~ the z~ing ch~ge Is pro.seal, do h~eby protest ~e mzonlng of the fol~ng ptope~: $h~l n~ ~l ~ ~ ~ ~ ~ ~le of at le~ ~r~fou~s of all the STATE OF {OW^ JOHNSON COUNTY On this/?,,?-- dly of /~U~ , I g ~.~, before me,~e undersigned, a Notmy Pubtic In and for sNd County ~ State, I~$0nsJly appearsd ./o ~ E',"u,a/) ~' e/t,/~/~/- and K'd,,v/.,/e' C ~-/t~--Y- to me known to bette Identical persons named In and who exocuted the within a~d fotegofng Inslmment ~d acknowledged that they executed the same as their vofurdae/act ~ d~d, OW/le;(s) of . / Properly Address ~. for said Cou~l~a~d State, I~emonally !pp~a'ed /'~e~. ,*e~'~'..S J/~l w. 41.~, and \ \ to me <norm to be/Ihe Identical persons na~ed in and who executed the wlt~{n and fofel~{ng Inatr Jmerll ~nd.~cknowladged that they execU[ed the same as thair volunta~¥'~c~ and deed, ~ //~ ~..~-' ,~ TO: HONORABLE MAYOR ANO CI/Y COUNCIL IOWA CITY, IOWA We, the unclereigned, ~ It~ ~,~ of tw~qty pefcem or ~e ~ ~ uea of ~e pm~ in~ud~ In ~ ~ z~ ~e, ~ ~ ~m of ~ ~t or more ~ the pro~ ~ ~ I~t~ ~ ~ hund~ f~t of ~e e~e~r ~ndarlea of ~e pto~ for ~1~ the zoning ~ge la pm~, do ~re~ prote~ ~e ~ezonl~ of Ihe [oi~ng prope~: ~onn ~om ~5-5 ~ O~DH ~ ~ ~e ~ ~ ~ ~ ~ wte of at ~ ~r~tou~hs of all ~e Ow (a) of STARE OF IOWA ) ) #: JOHN80N COUNTg' ) Onth~ ~ dayof ~vb .Ig~'~d',befo~eme, theunde~grmd, eNomyPub[iclnand to me known to be t],4 Identical persons named in and who executed the within and forgoing Inm~ument and ad(nowledged that they executed the same · STARE OF ~OWA JOHNSON COUNTY On this _~ day of /~(~ .19 z~_~.~, before me, the undersigned, a Notary Pubtic in end for said County and State, pem<~ly apl~a~ed ~.ar/l,' ,k .C/~.~ £CN'/9.,uT' ~ and to me known to be Ihe identical p~lofia n~med in and who executed the within and ~o~egotng Instrument trod acknowledged that they executed the same as their voluntary act earl deed. of Iowa TO: PROl~ST OF REZONING HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the under,gnarl, ~ ~ oYmer~ of twenty percent or more of the area of the property included In the pfopoaed zoning change, ~' th® ow~em of twenty percent or more of the property which Is located wlfi~ln two hundred feet of the exterior boundarias of trio property for which the zoning change Is propc~ed, do hereby protest the rezonlng of the following property: Thl~ p~tlon I~ ~gnad and ac~r~ by e~ch of u~ with the Intent'on that such rezonlng shaJl not become effl~-'fiv~ except by ~ favorable vote of at least three. fourths of all the member~ of the co~r~, I~l tn ao~3fdance with ~414.5 of the Code of Iowa. Owner(e) of Property Addrca~ STATE OF IOWA ) ) ~: JOHN,.'DDN COUNTY ) On l~tl ? Z... day of ~U f.=, · lg '~..~.~befom me.j, the undersigned, a Nofa~y Public In and forssldCou~tyaildStlte, 13~mor, Nlyappelred /'//,/~ ~'i~..l &'- LI E/~ /° O and to me known to be the Identical persons named In and who executed the within and foregoing Inst~Jmsnt and acknowledged that they executed the same as their voluntary act ~ died. O m r(e) of Property Addre~ STATE OF IOWA ) ) JOHNSON COUNTY ) On this __~ day of /~(3 ,19.~, before me, the unde~lgned, a Nota~/Public in and for said County and State, pemo~ally appeaced [P,,~/.. '~-U J-/(.~- snd to me know~ to be thd identical porson~ named in and who executed the wfthln and foregoing Instrument and acknowledged Ihat they executed the same as their volunta~, act and deed. TO: HONOF~LE MAYOR ANO CiTY COUNCIL IOWA CEY, IOWA ~ their volu~/~c~ ~'~d de~cL ow,~N of PropeW STATE OF ~VA JOHNSON COUNTY On this ~ day of /~/~' ,19.z~ before m~, ltie undersigned, a Nota~/Public in and for so.~d County ~ Sate, pemo,~ appe=ed ._...-'iT',, /-/~.~ ;/,.-,/, ~.,~ and to me knovm to be lhe identical peson~ named in and who executed liw ~thln a~d f~ Im'a'ument and e,<~no~edged that they execuled the same ~ their votuntay act axl deed, TO: HONORABLE MAYOR AND crrY COUNCIL IOWa. CId, IOWA Wne, the u...nd~jned, ~ the owner~ of twepty percent or n'~xe of the areal the prope~ ctuded In me I:XOlX~d zofilng che~$, ~"t~ owne~ of twer~y percent o~more of the pro~ ~ ~ ~ ~ ~ h~ f~t of ~ e~e~or ~un~ of ~ prope~ for ~ ~ ~ ~ ~ ~ ~ ~ ~e of m leto ~re~fou~ of a~ ~e ~A~OF~A ~ ~: ~ . ~ to me~ to ~ ~ ~ ~ nam~ In and who ex~ ~e ~n ~ fm~ I~m~ ~ ~g~ ~ ~ exe~t~ ~e same Owns(s) of I~c~ Address STALE OF IOWA ) ) as: JOHNSON COUNTY ) On this ~ clay of ,19 . before me, the under~lgrfed, a Notmy Public In and to me k.~,n to be the Ideffdcal pet'antis named in and who executed the vdthln and foregoing InsOulnent and acknowledged that they executed the same as lhelf voluniao/act and de~. Nola7 Publie In and for the 8rate of Iowa TO: HONOP, ASLE MAY~ ~ CflY COUNCIL IOWA CITY, IOWA We, the underfeed, being I~e ownera of tw~fity perc~l o~ m~e M ~ men of ~e ~ I~ In ~ ~ z~ ~, ~ ~ ~ M ~ ~nt ~ more of the Fo~ ~ ~ ~ ~ ~ ~ f~ of ~ ~ ~ of ~e ~op~ for ~1~ ~e z~l~ ~ ~ ~, ~ ~ ~ot~ ~ mz~ of ~e fo~ pro~: m STATE OF IOWA ) ) #: JOHNSON COUNTY ) k~..hp., .t~-,;~ ,'b,,.~,~,'v to m~ knm~n to be the kl~ pemon~ nm'ned In and wfio ~TATE OF ~NA JOHNSON COUNTY ~o 000 io /*O big ideas Kyran J. Cook East Iowa Comrr:e'cial Real Estate App~s~s 1929 l(eakuk Stre~et Io~ Citf, Iow~ 52240 319-35i-2044 .~ ~ 319-3S1-0563 August 27,1995 MORMON VILLAGE Introduce yourself- Former P&Z Member\\\ I've appraised real estate in Iowa City for ten years .... I own the business and have 5 employees. Neighbors concems are familiar; they worry about the safety of their children. They worry about too much traffic. They worry about losing value in their homes. -- I am not here to challenge them but to respectfully offer another point of view. I recently served on the Vision 2000 project on the land use subcommittee. We questioned whether our work would be taken seriously by the Council. I am here this evening because of that concern. Name the group: describe the process: quote the outcome one of eight groups each with nine people: highlight the housing task force: name them and quote the outcome Affordable housing is for those making 65% or less of the median family income: thats about $30,000 which translates into housing for under $90,000. Our median home is currently $1 10,000. It costs 30% per unit more to develop single family houses at 3 per acre than it costs to build housing at 10 units per acre. Density and affordability are closely related. It is naive and misleading to say affordable housing is ekay as long as its single family. To find out who suffers fi'om the lack of housing under $90,000 ask who in Iowa City makes less thm~ $30,000. They are the people who ~vork in our stores, the ones who fix our cars, the ones who serve our meals and the ones who care for our children. Communities which exclude these people are called drawbridge towns. The drawbridge is the commtmity attitude that says we've got ours and shuts out newcomers. It is supported by absurd laws imposed on the State level which require a super majority for a zoning change. It allows half a dozen landowners to thwart the will of an entire dry. Can you imagine requiring an 85% majority to pass a school bond? ! talked about people xvho make less than $30,000. I think we will also find our own children and our parents. If we look closer still we will find ourselves if our spouse died or our marriage broke up. We would find ourselves if we lived on a fixed income five years after retirement. We might find ourselves maldng less than $30,000 if we had health problems. We will find ourselves when we landed that first job at age 25 and tried to find a place to in the community where we worked. So I think there are voices not here tonight. They include 72 people who developed the vision 2000 and asked to be taken seriously, They include us.. As we were and as we will become. We are a City with a proactive responsibility to create a community which "...will be an inclusive, accessible, and safe community to all its citizens, em bracing persons with disabilities and all races, cultures, lifestyles, ages, and socio-economic groups" You can find that quote on the first page of the vision 2000 report. We put that in there because we believe it. You will be supporting that vision by by supporting your staff, and supporting your planning and zoning commission. I urge you to vote in favor of this subdivision. MORMON TREK VILLAGE Important Factors 1. Meets Comprehensive Plan of Iowa City 2 to 8 units per acre 2. Planned Area Development & City Review Process 3. Proper Land Use- Infill Development between 2 arterial streets & HWY. 218 walking distance to 2 commercial areas 4. Range of Housing Styles & Prices Entry-level to 5. Tax Base Increase- 6. Retirement $1,528.00 to $650,000.00 Economic Effects - Construction Industry Approximate build-out of $30 million 7. Current City Infrastructure Expenses- Rohret Road, Weber School & City bus route Abbey Lane sewer line 8. Future Water Retention West of Mormon Trek Points of Concern - Density and Narrow Streets Density: · · 2. Narrow Streets: · Emnrgency vehicals · Parking · Infrastucture limits 3. Economics: Currently RS-5 Diversity requires single family · Diminished buying power with fees · Association Fee defaults go to City 4. Traffic at Mormon Trek: · 4 to 2 lane · 232 x 5 = 1168 us 128 x 5 = 688 · No date for Rohret Lights · Exits by Baptist church Daycare 5. Miscellaneous: · Flooding ALL NATIONS BAPTIST CHURCH (THE END OF YOUR SEARCH FOR A CARING CHURCH) 1715 MORMON TREK, IOWA CITY, IOWA 52246 PHONE: (319) 354-7801 FAX: (319) 354-4984 August27, 1995 To Whom It May Concern: The Church Council renewed its previous decision to protest rezoning 29 acres at Mormon Trek and Rohret Road from RS-5, single-family residential, to OPDH-8, high-density multi-family housing, for safety masons for the church and Shalom Christian Preschool and Daycare Center it is running. Part of the reasons cited at the council meeting were concerns that the proposed development of high-density multi-family housing projects might create safety problems for the members of the church as well as young children enrolled in the preschool and daycare center. The minutes of the council meeting are as follows. 1. The Church Council decides once again to protest the proposed rezoning of 29 acres at Mormon Trek and Rohret Road from the single-family zone to high-density multi-family zone primarily for safety reasons: traffic congestion on Mormon Trek, possible safety problems for church members and young children enrolled in the preschool. 2. The Church Council also reaffirms that the pastor of the church shall officially represent the church in protesting the rezoning and other matters. If you have any questions concerning the decision, please contact us either by phone or by writing. Sincerely yours, Return to 2229 Abbey by 7pm PETITION x/z8 We protest rezoning 29 acres at Mormon Trek and Rohret Road from RS-5, Single- Family Residential to OPDH-8, Planned Development Housing due to the increased density problems created with this higher number of residences. Name , Address lx.b. me.. Ack~ce ~c::~ · · Return to 2229 Abbey by 7pm 7/20 PETITION We protest rezoning 29 acres at Mormon Trek and Rohret Road fi'om RS-5, Single- Family Residential to OPDH-8, Planned Development Housing due to the increased density problems created with this higher number of residences. Name Address ~.~;~ /~/~,o~.(.. ........f.~'~/.~,~c~_ Return to 2229 Abbey by 7pm 7/20 PETITION We protest rezoning 29 acres at Mormon Trek and Rohret Road from RS-5, Single- Family Residential to OPDH-8, Planned Development Housing due to the increased density problems created with this higher number of residences. Eeturk td ?.229 Abbey by ?pro ~ PETITION , /z8 We protest rezoning 29 acres at Mormon Trek and Rohret Road from R$-5, Single- Family Residential to OPDH-8, Planned Development Housing due to the increased density problems created with this bigher number of residences. Name Returh to 2229 Abbey by 7pro PETITION We protest rezoning 29 acres at Mormon Trek and Rohret Road from RS~5, Single- Family Residential to OPDH-8, Planned Development Housing due to the increased density problems created with this higher number of residences. Return to 2236 Abbey by 7pm 8/3 PETITION We protest rezoning 29 acres at Mormon Trek and Rohret Road from RS-5, Single- Family Residential to OPDH-8, Planned Development Housing with private roads due to the increased density problems created with this higher number of residences. Name Address ..... ~ - t ! tI .:r_~,~. ~,~ ,, ,, ......... ..~,A~./' ? q~ ¢ ~-~~ ..........................:~ ........................~.. k~ ................................. Return to 2229 Abbey by 7pm 7/20 PETITION We protest rezoning 29 acres at Mormon Trek and Rohret Road from RS-5, Single- Family Residential to 0PDH-8, Planned Development Housing due to the increased density problems created with this higher number of residences. Name Address Returh to 2229 Abbey by 7pro PETITION We protest rezoning 29 acres at Mom0n Trek and Rohret Road from RS-5, Single- Family Residential to OPDH-8, Planned Development Housing due to the increased density problems created with this higher number of residences. Name Address ~e.. Return to 2229 Abbey by 7pm 7/20 PETITION We protest rezoning~9 acres at Mormon Trek and Rohret Road from RS-5, Single- Family Residential to OPDH-8, Planned Development Housing due to the increased density problems created with this lfigher number of residences. Name Address . t~; ~ __ _ .~>~ ~ , ~ ~ : 4. ~ ~ :~:~ .. ,4.gq p..f-oh I Returh to 2229 Abbey by 7pro I~ PETITION We protest rezoning 29 acres at Mormon Trek and Robret Road from KS-5, Single- Family Residential to OPDH-8, Planned Development Housing due to the increased density problems created with this higher number of residences. Return to 2229 Abbe~ by 7pm 7/20 PETITION We protest rezoning 29 acres at Mormon Trek and Rohret Road fi'om RS-5, Single- Family Residential to OPDH-8, Planned Development Housing due to the increased density problems created with this higher number of residences. Name Address _, - - _ _. '~_~.- ......~_ .~ : __~ .....~ . ._ ............................................. 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 29th day of August, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. An ordinance amending the Zoning Chapter by changing the use regulations of an ap- proximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single- Family Residential, to 0PDH-8, Planned Development Housing Overlay. An amendment to City Code Title 14, Cha ter 6, Article V, "Minor Modification P Procedures," to allow parking for persons with disabilities in the ~ront yard of a commercial zone even when located adja- cent to a residential zone. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin~ccS-29.nph ORDINANCE NO. ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ARTICLE V, "MINOR MODIFICA- TION PROCEDURES," TO ALLOW PARKING FOR PERSONS WITH DISABILITIES IN THE FRONT YARD OF A COMMERCIAL ZONE EVEN WHEN LOCATED ADJACENT TO A RESIDEN- TIAL ZONE. WHEREAS, the Iowa State Building Code requires at least one off-street parking sp~.ce be provided for disabled persons at commercial uses; and WHEREAS, small commercial enterprises occasionally cannot provide parking for disabled persons in strict accordance with zoning law because of lot shape or topography; and WHEREAS, the Minor Modification procedure is in place to facilitate incremental adaptations to the Zoning Ordinance by administrative review in specific instances, where justified. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. AMENDMENT. The following stan- dard would be added to 14-6V-3; "Applicabili- F. One space for p~rking for persons with disabilities may be located in a required front yard for commercial uses in a C zone, when adjacent to a R zone, where the topography or shape of the lot preclude compliance with the location requirements of the Off-Street Parking regulations, Section 14-6N-1B(3)(b). SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IIh SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE, This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK City of Iowa City MEMORANDUM TO: FROM: DATE: RE: Planning and Zoning Commission Julie Tallman, Code Enforcement Assistant 28 July 1995 Addition to Minor Modification Standards Currently, minor modifications to the Zoning Ordinance may be granted administratively for the following: A. B. Parking for commercial uses may be reduced up to 10 percent. Height of a wall or fence may be increased up to 25 percent, but in no case may a minor modification allow a fence greater than 8 feet in height. Height of a building may be increased up to 10 percent. Sideyards may be reduced up to 2 feet, but in no case shall a sideyard be reduced to less than 3 feet in width. Other yards may be reduced up to 15 percent of the required setback. Instances have come to the attention of Housing and Inspection Services where a small commercial business is required to provide parking for persons with disabilities and, because of topography or the shape of a lot, cannot provide that parking anywhere but in the required front yard. We propose adding a standard to Article V., Minor Modification Procedures, in order to permit the placement of a parking space for persons with disabilities in the required front yard of a C zone when adjacent to an R zone and in those instances where lot shape or topography precludes compliance with the Zoning Ordinance. In addition to the five standards enumerated above, we propose adding the following to Section 14-6V-3: Applicability: One space for parldng for persons with disabilities may be located in a required front yard for commercial uses in a C zone, when adjacent to an R zone. Staff recommends that this addition to the Minor Modification standards be added, to allow greater flexibility to small businesses. Within the procedures for granting a minor modification, controls are in place which protect surrounding properties and the zoning district from modifications which will be detrimental, or not in compliance with the intent and purpose of the Zoning Ordinance. Attachment: Chapter 6, Article V. Minor Modification Procedures 14-6V-1 14-6V-3 CHAPTER 6 ZONING ARTICLE V. MINOR MODIFICATION PROCEDURES SECTION: 14-6V-1: 14-6V-2: 14-6V-3: 14-6V-4: 14-6V-5: 14-6V-6: 14-6V-7: 14-6V-8: 14-6V-9: Purpose Application Applicability Administrative Hearing and Notice; Findings Precedents Burden of Proof Minor Modification Expiration; Time Extensions Revocation Appeals 14-6V-1: PURPOSE: Those provisions shall ensure the following: Minor modifications from standards contained in this Chapter may be granted only when, due to special circumstances applicable to a proper- ty, strict application of this Chapter is impractical and deprives that property of privileges enjoyed by other property in the vicinity and In identical zoning districts. Any minor modification granted shall be subject to the requirements of this Article and in conformity with the in- tent and purpose of this Chapter. (Ord. 94-3623, 6-1 4-94) 14-6V-2: APPLICATION: An application for a minor modification shall comply with the requirements set forth in this Article. (Ord. 94-3623, 6-14-94) 14-6V-3: APPLICABILITY: The Building Official may grant minor modifi- cations from the requirements of this Article in compliance with the following standards: A. Parking for commercial uses may be reduced up to ten pement (10%), Height of a wall or fence may be in- creased up to twenty five percent (25%), but in no case shall a minor modification allow a fence greater than eight feet (8') in height. C. Height of a building may be increased up to ten percent (10%). Sideyards may be reduced up to two feet (2'), but in no case shall a sideyard be reduced to less than three feet (3') in width. Other yards may be reduced up to fifteen percent (15%) of the required setback. Any requests for modifications which ex- ceed the limitations set forth above and all other requests for modifications of the re- quirements of this Chapter require the filing of s special exception and/or variance ap- plication with the Board of Adjustment. (Ord. 94-3623, 6-14-94) Iowa City 994 14-6V-4 14-6V-7 14-6V-4: ADMINISTRATIVE HEARING AND NOTICE; FINDINGS: Hearing: Upon receipt of a complete minor modification application, an administrative hearing shall be set. Ten (10) days prior to the administra- tive hearing, written notice shall be sent to property owners within two hundred feet (200') of the exterior boundaries of the property. B. Findings: 1. Following an administrative hearing, the Building Official shall issue a writ- ten decision which recites the findings upon which the decision is based. The property owner shall record the deci- sion in the office of the County Re- corder. 2, The Building Official may approve and/or modify an application, in whole or in part, with or without conditions, only if the Building Official makes all of the following findings: a. Special circumstances apply to the property such as size, shape, topography, location or surroundings. b. The minor modification will not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zoning district in which the property is located. c. The minor modification does not exceed the minor modification stan- dards or allow a use or activity not otherwise expressly authorized by the regulations governing the subject property. d. The minor modification is in conformity with the intent and purpose of this Chapter. e. The minor modification does not, in any way, alter the applicant's obli- gation to comply with other applicable statutes, ordinances, laws or regula- tions. (Ord. 94-3623, 6-14-94) 14-6V-5: PRECEDENTS: The granting of a minor modification is not grounds for granting other minor modifica- tions for the same or differing properties. (Ord, 94-3623, 6-14-94) 14-6V-6: BURDEN OF PROOF: The appli- cant bears the burden of proof and must support each of the required find- ings by a preponderance of the evidence. (Ord. 94-3623, 6-14-94) 14-6V-7: MINOR MODIFICATION EXPI. RATION; TIME EXTENSIONS: Exercise of Approval: A minor modifi- cation must be exemised within one hundred eighty (180) days from the date of approval or the minor modifi- cation shall become null and void. Time Extensions: For good cause, the Building Official may grant time exten- sions not to exceed a total of twelve (12) months from the date of the deci- sion, Prior to granting an extension, the Building Official shall ensure that the minor modification complies with all current Zoning Code provisions. (Ord. 94-3623, 6-14-94) 994 Iowa City 14-6V-8 14-6V-9 14-6V-8: RE¥OCAT][ON: The Building Official may revoke or modify a minor modification if any one of the follow- ing occurs: The grantee has not substantially exercised the rights granted by the minor modification. The minor modification was obtained by misrepresentation or fraud. The applicant ceases or suspends work on the improvement authorized pursuant to the minor modification for six (6) or more consecutive calendar months. The improvement authorized pursuant to the minor modification violati~s any applicable statute, ordinance, law or regulation, The improvement permitted by the minor modification is detrimental to the public health, safety or welfare or constitutes a nuisance. (Ord. 94-3623, 6-14-94) 14-6V-9: APPEALS: The applicant may appeal the decision of the Build- ing Official to the Board of Adjustment. (Ord. 94-3623, 6-14-94) Io~oa City 994