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HomeMy WebLinkAbout2000-10-17 Public Hearing NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 17th day of October, 2000, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider an ordinance amending an approved OPDH-12 plan to allow a 40-unit assisted living building on 2.87 acres located on the southeast corner of Scott Boulevard and American Legion Road. 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. MARlAN K. KARR, CITY CLERK ppdadm/nphl (:)-17-O0.doc STAFF REPORT To: Planning &Zoning Commission Prepared by: Robert Miklo Item: REZ00-0020 Silvercrest amendment Date: September 7, 2000 GENERAL INFORMATION: Applicant: Dial Companies 11506 Nicholas St. #200 Omaha, NE 68154 Contact person: Merlin Lawrence 402-493-2800 Requested action: Amended preliminary OPDH-12 plan Purpose: To allow development of assisted living for persons with Alzheimer's Location: Southeast corner of Scott Boulevard and American Legion Road Size: 2.87 acres Existing land use and zoning: Vacant, OPDH-12 Surrounding land use and zoning: North: Residential for Elderly and Medical Office, OPDH-12 East: Religious Institution, County RS South: Manufactured Housing Park, County RMH West: Residential, RS-5 Comprehensive Plan: Intersections such as this are appropriate locations for mixed uses and medium density residential development. File date: August 17, 2000 45-day limitation period: October 1, 2000 SPECIAL INFORMATION: Public utilities: City water service is available for this property. The applicant has built a sanitary sewer line in the right-of-way of Scott Boulevard in order to provide service to this property. Public services: Police and fire will be provided by the City. Transportation: The nearest bus route is the Towncrest route, which passes through the intersection of Village Green Boulevard and Muscatine Avenue, approximately 1/4 mile west of this property. Sensitive Areas Ordinance: The sensitive areas inventory map indicates hydric soils in the southeast portion of the property where the storm water detention facility has been built. There are no wetlands associated with the hydric soils. BACKGROUND INFORMATION: In 1998 the City approved an annexation, rezoning and preliminary plat for Silvercrest. The approved plan included a 68-unit assisted living facility, a 120-unit independent living apartment building, a 9,000 square foot medical office building and a 60-bed medical rehabilitation facility. The Overlay Planned Development Housing (OPDH) plan was amended in 1999 to reconfigure the design of the independent living apartment building and the rehabilitation facility. The rehabilitation facility was reduced in size from 60 beds to 40 beds. The applicant is now requesting an additional amendment to replace the 40-bed rehabilitation center with a 40-unit assisted living building for persons with AIzheimer's (see attached letter from applicant). The remainder of the plan would remain as approved in 1999. ANALYSIS: The proposed Alzheimer's assisted living facility would be similar in size and scale to the previously approved rehabilitation facility which it would replace. The use of the property, however, would change from providing medical rehabilitation services to a general population which would be in transition from hospitals to private residences after receiving a period of medical rehabilitation. The new use of the properly would be for residents with early stages of Alzheimer's. The attached letter from the applicant provides more detail regarding the proposal. The physical arrangement of the overall Silvercrest development would change only slightly. A copy of the previously approved plan is attached. The parking layout and traffic circulation would be the same as approved in 1999. The parking requirement for the assisted living facility would be the same as the rehabilitation center-one space per unit, or 40 spaces. The size and scale of the building itself would also be similar to the previously approved building. The exterior design would include the use of brick and cement-board or hard board siding similar to the previously approved buildings on the property. In staff's view this proposal is similar to the previously approved rehabilitation center. It is not likely to generate greater amounts of traffic or have other effects on adjacent properties. It appears to be compatible with the overall Silvercest development. STAFF RECOMMENDATION: Staff recommends approval of REZ00-0020, the amendment of the OPDH plan for Silvercrest to allow the construction of a 40-unit assisted living facility for persons with Alzheimer's on 2.87 acres located at the southwest corner of American Legion Road and Scott Boulevard. ATTACHMENTS: 1. Location map 2. Amended preliminary OPDH plan 3. Previously approved OPDH plan 4. Building elevations 5. Applicant's letter ,~n~f~L. Approved by: , Director Department of Planning and Community Development ppdadm/stfrep/00-0020rm.doc SITfz. LOCATION: Dial Silvercrest REZO0-O0020 C_,-EI~ERAL NOTES ' / . ~ ._,/.,I.., ,'...,-~,. //.~ ~ ?.,7,F_'/../~~ " ,/ -- , /'/-J"""" , ': _ / _ j - I "1, · " '[ "1 '~ i, "i' ,-.~ Previously Approved OPDH plan / A, GEf.,ERAL NOTES (.' (.:: ,~ ) (.... ....-: .. ,;~ -:.. -; :~-'_-.:;-:-::::.."z"' ~' .....'~' .'.';"'-: -' - .:-':,-;:.-'-'-..:. -i~ .......---. I~,~ ~.:.:.... _' ' ill; .-"' ~' ......................................'"', ....[! '-~=~':"" ~;~;-~ __ - ; ..'._'~.','.".~!'<.,).! ....z .... ""' "| "' '."7/~- "'' :.".-!T_ '.:~-: .~'...-' " L'?..'".'.':.'..'-~!· · . _ .... - ~, .......................... -~.-.-,,--..:-f;~ ....· .... - ...... ~ .....; .~--~ ...........-~ ...........- .........- ........._ _. ~ -..-~- ..............; ......... -:.:- / .......... ;.'t-"~....'T". ......-.. " ...... . ~ ~ ........ ~ .-'.'.,-,:.-,'-"--"-:;:.--.. . -. ... ..... PRELIMINARY DRAWING8 ~(~,~'IPF= r:L~VATI~N 'NOT FOR CONSTRUCTION FOR ALZ, H~IMER'S EXTERIOR ELEVATIONS Land Development James McOlure 11506 Nicholas Street, Suite 200 Omaha, Nebraska 6815~.~.~.01 PHONE (402)-493-2800 FAX (402)-493-8069 August 15, 2000 City of-Iowa City Planning and Community Development Re: Silvercrest Legacy Point Alzheimer's Assisted Living Fadlity, Iowa City, Iowa Statement of Intent The intent of this projed is to provide for an assisted living residence for individuals needing some assistance to maintain their independence. The building will house 40 individuals. Zoning would need to be changed to enable this less restrictive living environment to be built on the campus. Intended Time Schedule for Completion The intent will be to stad construction late fall with a twelve month completion time frame. Leqal Description Lot 4 Silvercrest Residential Community, Iowa City, Iowa. Description of Development The Assisted Living Alzheimer's facility at Legacy Point in Iowa City will provide living arrangements and assistance that promote independence. This fadlity will provide services to stage one and two Alzheimer's. Individuals with latter stage Alzheimer's, stage 3 and 4, typically are cared for in nursing care facilities. Each resident of this fadlity will have a single room and restroom. Bathing fadlities are provided separately to avoid acddental turning on of showers in units. The room is large enough for a nice sitting area and sleeping area. The room is decorated in a manor not to agitate the resident. Space is provided for residents to have personal memory items located on raised shelved out of reach in the room and a locked memory box located at the entrance of their room. The building is broken down into two neighborhoods, with a central service core between. The service core consists of offices, conference room, family room, Idtchen and laundry. Each neighborhood has its own assistance staff, country kitchen where meals are served and in addition, space is provided for baking, snack preparation, etc. Each neighborhood has its own living room and a vadety of other spaces for residents and families to enjoy. The center care area is open with some three foot walls dividing spaces. Personal laundry areas are located in each neighborhood where residents can do their personal laundry. Each neighborhood has an outdoor, secured courtyard for exercise and fresh air. Assisted Living A!zheimer's provides assistance with activities of daily living to assist individual!in maintaining their independence as long as possible. Spedal programming of services and provision of prOl~_"ffy deskJned living arrangement provides for a positive living arrangement that maintains the dignity of resident 'and peace of- mind for the resident's family. _ '- If you have any questions please feel free to call me at any time. - : . . i ', Sincerely, ' -::: /" .... ::__ '- Dial Land Development Co. MODERN MANOR, INC. 1700 S. Scott B!vd. Iowa City, IA 52240 Phone & Fax: (319) 338-5371 August 30, 2000 Iowa City Planning and Zoning Commission Iowa City Civic Center 410 E Washington St. Iowa City IA 52240 Re: Protest of Rezoning Request Assisted Living Alzheimer's Facility SE corner of Scott B!vd. and American Legion Road To Whom It May Concern: Enclosed with this letter is our PROTEST OF REZONING for the property identified. We are opposed to this rezoning for the following reasons: 1: The proposed Assisted Living Alzheimer's Facility was not part of the original !and use proposal for which the original zoning and building permits were issued. The establishment of this Facility would require more specialized personnel, care, facilities and security than with the originally proposed !and use proposal. 2: Appropriate secu~'ity surrounding the storm water retention basin is not indicated. This security is needed to restrain patients and public from having direct access to the storm water retention basin, thus assuring the safety of all patients and the public. 3: Appropriate fencing to divide the development from Modern Manor has not been indicated. Rather than the current "farm fence", which has been destroyed during the development's construction, or a chain link fence, we look for an attractive "residential" style structure to be installed. This structure would also serve as a deterrent of direct access by children and residents from Modern Manor to the storm water retention basin. We appreciate your consideration of this PROTEST OF REZONING and of our concerns for the safety of our tenants and of the public that will be using the current development. Sincerely, L~,;?;/~Id /[,~ ~ Owners of Modern Manor, Inc. PROTEST OF REZONING To: HONORABLE MAYOR AND CITY 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 is proposed, do hereby protest the rezoning of the following property: 2.87 acres, located on the SE comer of Scott Blvd. and American Legion Road, located in the OPDH-12 zone (Planned Development Housing Overlay). Site Location known as Dial Silvercrest REZ00-00020. This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of a least three-fourths of all the members of the council, all in accordance with section 414.5 of the Code of Iowa. 1700 S. Scott Blvd. Iowa City IA 52240 STATE OF IOWA JOI-tNSON COUNTY P _ _ Notary ublic in and for said Coffnty and State, personally appeared Robert H. Wolf and _Erma J. Wolf_ 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 a voluntary act and deed. Nt'~Pbloary ui~the Sta~a Thomas R. Stockman f22.576.5 N~'~ Public in ~nd for TI~ St~t~ of Iowa. My E & L Prybil General Partnership To: Iowa City Planning & Zoning Commission Civic Center 410 E. Washington St. Iowa City, IA. 52240-1826 Re: Rezoning application for Assisted Living Alzheimer's Facility within the Facility identified as Silvercrest. As neighboring landowners, we are concemed about the apparent lack of plans to secure the area known as Slivercrest. The Alzheimer's Facility, of course, will be secured for the safety of its residents. Our concerns center on the large storm water retention basin that poses a real danger to children who live in Modern Manor or who enter the Silvercrest development from other directions, including the property we jointly own as E & L Prybil General Partnership located to the east and southeast of Silvercrest. Silvercrest is located in the midst of development on all sides and public safety is at issue. Some form of security must be part of this development. We believe there is significant risk that children and others will find their way on to the property and endanger their safety by falling or sliding into the retention basin. Certainly fencing serves as a deterrent. Gated entrances may be indicated. We feel that it is imperative that security for the neighbors surrounding Silvercrest be addressed. If the city of Iowa City does not ensure this protection, we fear that the public will be unnecessarily placed at rise If you would like us to amplify our concerns, please contact us: Thank you for dealing with this matter. E & L Prybit General Partnership Eldon R. Prybil ~'~c~~~l.~E~' 4890 Hwy. 6. S.E. 351-6210 358-6720 September 3, 2000 Cc: Robert Wolf Prepared by: Robed Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-3,~-5240 / ORDINANCE NO. RDINANCE AMENDING THE ZONING ORDINANCE BY AME THE DEVELOPMENT HOUSING (OPDH-12) FOR LOCATED ON 2.87 ACRES OF LAND AT TH4 CORNER SCOTT BOULEVARD AND MAERICAN LEGION WHEREAS, the of Iowa City City Council has approved a Development Overlay (OPDH-12) preliminary ~n for Silvercrest, a retirement communi' g a 68-unit assisted living apartment building, 120-unit independent living building, a 40-unit medical rehabilitation center and a ical office building; and WHEREAS, the a City, L.P., requested the City amend the preliminary OPDH plan to repla< the rehabilitation center a 40-unit assisted living building; and WHEREAS, the Planning and ng Commission reviewed the proposed amendments to the OPDH plan and has approval same. NOW, THEREFORE, BE IT CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The ;liminary OPDH plan for the property described below is hereby approved: Lot 4; Silvercrest Residential Communi SECTION II. VARIATIONS. To th development of the proposed retirement community and to allow clustered >ment, he Planning and Zoning Commission recommended approval of Multi-Fa ' Assisted Living ilding in accordance with the amended OPDH plan. SECTION III. ZONING MAP. po final passage, appro al and publication of this Ordinance as provided by law, the Buildin Inspe or is hereby authorize and directed to change the zoning map of the City of Iowa City, wa, to conform to this zoning ame dment. SECTION V. SEV BILITY. If any section, provision or pa of the Ordinance shall be adjudged to be invali or unconstitutional, such adjudication shall n t affect the validity of the SE~,TION EFFECTIVE DATE. This Ordinance shall be in~!%fter its final passage, approval and ~lication, as provided by law. \,\ Passed approved this __ day of ,20 . \ ATTE,~ \ CLERK A ppdadrNord/silvercrestdoc Prepared by: Robed Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. AN ORDI'NANCE AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT HOUSING (OPDH-12) PRELIMINARY PLAN FOR SILVERCREST LOCATED ON 2.87 ACRES OF LAND AT THE SOUTHEAST CORNER OF SCOTT BOULEVARD AND AMERICAN LEGION ROAD. WHEREAS, the City of Iowa City City Council has approved a Planned Development Overlay (OPDH-12) preliminary plan for Silvercrest, a retirement community including a 68-unit assisted living apartment building, a 120-unit independent living apartment building, a 40-unit medical' rehabilitation center and a medical office building; and WHEREAS, the applicant, Silvercrest-Iowa City, L.P., has requested the City amend the preliminary OPDH plan to replace the rehabilitation center with a 40-unit assisted living building; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments to the OPDH plan and has recommended approval of the same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The amended preliminary OPDH plan for the property described below is hereby approved: Lot 4; Silvercrest Residential Community. SECTION II. VARIATIONS. To encourage the development of the proposed retirement community and to allow clustered development, the Planning and Zoning Commission recommended approval of Multi-Family Assisted Living building in accordance with the amended OPDH plan. SECTION III. ZONING MAP. Upon final passage, approval and publication of this Ordinance as provided by law, the Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20 MAYOR ATTEST: CITY CLERK A by adm/ord/silvercrest.doc NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Ci~Council of Iowa City, Iowa, at . 7:00 p.m. on the 3 day of October, 2000, in the Civic Center Council Chambers, 410 E. \0\\-~ Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which headng the Council will consider: An ordinance changing the zoning designation from Low Density Multi-Family Residential (RM- 12) and Neighborhood Conservation Residential (RNC-20) to Medium Density Single-Family Residential (RS-8) for four (4) properties on the south side of the 900 block of Iowa Avenue, seventeen (17) properties on the 900 and 1000 blocks of Washington Street, ten (10) properties on the 100 and 200 blocks of South Summit Street, four (4) properties on the east side of the 10 and 100 blocks of Governor Street, three (3) properties on the west side of the 1000 block of Muscatine Avenue, and five (5) properties on the 900 and 1000 blocks of College Street. An ordinance amending the non-conforming use provisions of the Neighborhood Conservation Residential, RNC-12 zone, to make it clear any existing conforming multi-family use would continue to be conforming under the RNC-12 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. MARlAN K. KARR, CITY CLERK Bob-oct-3-publicnotice Octob~ Dear Members of the Council: At the October 3, 2000 City Council meeting, neighborhood down-zoning discussion left two important points inadequately or inaccurately clarified. First, during the October 3 City Council meeting, Karin Franklin stated that if a multiple unit building were 100% destro ed under RS8 zoning then "that would be it", implying rebuilding would not be permissible. August 3r~' Planning and Zonin; Commission meeting minutes show John Yapp stating that "with a non-conforming property in an RS-8 zone, if it were damaged, it could be built back to its pre-existing size and density." I inquired about this inconsistency to Mr. Yapp. He explained that a distinction is made in the Zoning Code regarding 100% level of damage. He said that in typical interpretation and implementation, "100%" destruction has been considered to mean damage rendering the foundation unusable. Mr. Yapp gave the example of a rental house that bums to the ground, yet still has a usable foundation remaining. The owner in this case would be allowed to be rebuild the property to its previous non-conforming level, at least from a property zoning standpoint. This ambiguity may have led listeners to believe that the owner of an RS-8 zoned, non-conforming property would be unable to rebuild following any significant amount of damage, and this is generally not tree. For a majority of multiple unit properties in this area, the only known, unavoidable loss under RS-8 zoning would be loss of the ability to expand--expansion that many other property owners believe would further destabilize the neighborhood. I encourage you to consult the August 3 Planning and Zoning Commission meeting minutes, and/or speak with John Yapp, if you have further questions about RS-8 limitations or the 100% damage distinction. A second point of inaccuracy was the reference to the 1000 block of Muscatine Avenue as "arterial". At the Council meeting, Karin Franklin was asked if the 1000 block of Muscatine Avenue is arterial, and she replied that it is. Her response contradicted information we had received from former Transportation Planner Doug Ripley, so I consulted a current planner, Kevin Doyle, who referred my question on to Jeff Davidson. After speaking with Mr. Davidson, Mr. Doyle informed me that Muscatine Avenue from Iowa to Burlington Street does not appear on Iowa City's arterial street maps. According to Mr. Davidson, this portion of Muscatine Avenue is classified as a "higher functioning collector street", a term that describes streets functioning more similarly to a collector street than to an arterial street, their function being to move traffic onto arterial streets. The "arterial" reference seemed to be somewhat pivotal in the Council' s consideration of the RS-8 zoning recommendation for the eastern portion of this block, and may have erroneously appeared to support Mr. Kanner's suggestion to down-zone the entire area to RNC-12. My husband, Steve Roberts, mentioned this inaccurate "arterial" reference to John Yapp. Mr. Yapp sub sequently consulted with Ms. Franklin, who concurred with him that the portion of Muscatine Avenue under consideration is actually classified as a higher functioning collector street. Mr. Yapp noted. to my husband, the importance of correctly classifying Muscatine Avenue when considering itS9 the c.o_/ltext of the larger issue of a down-zoning petition. According to Mr. Yapp, this importance lie~:ih_~ecum~'ely understanding the future function intended for Muscatine Avenue. The 1000 block of M12/s'eatin(i'~ not--~ considered an arterial street now, nor is it intended to be that in the future. '~ ~." I would like to note five factors, all included in the August 3rd Planning & Zoning Commiss~n mi~)~teS; which led to the Commission's recommendation to down-zone the eastern section of this ~cfCk to 1 ) The area has a predominant single-family character; 2) All of the properties in this ared)~Xcept 6he four-unit building are single-family in use; 3) The entire east side 0fMuscatine Avenue is RS-8, the block is therefore, both in character and in use, an extension of that single-family neighborhood; 4) The Comprehensive Plan contains a number of statements related to older neighborhoods: That the City should adopt policies to protect the integrity of existing neighborhoods; that one of the big issues the City must face is the encroachment of multi-family residential structures into formerly single-family neighborhoods; 5) The Historic Preservation Plan states that the City should re-examine zoning designations in older neighborhoods to help protect tingle-family residences. Finally, I want to address Councilor Steven Kanner's suggestion to down-zone the entire area to RNC-12, contrary to the Planning and Zoning Commission's recommendation. Mr. Kanner's reasoning was that, because the neighborhood is already going the direction of owner occupied, single family homes, there is no need to further down-zone to RS8 the eastern half of the block bordered by Muscatine Ave., Washington St., Governor St. and Iowa Avenue. Mr. Kanner's suggestion was, in my opinion, based upon very unsound reasoning. All of the homes in this particular area were originally built and used as single family homes. This did not prevent many of them from being converted to multiple unit housing in the decades a~er they were built. When my husband Steve purchased our home as a converted duplex in 1983, it contained offices for Hope House, a half-way house for transitional prisoners. Hope House's living quarters were located next door at 1005 Muscatine Avenue. Many houses converted into rental property sustained significant damage. Our house sustained damage to its structural support system through unscrupulous curing of the basement ceiling joists to make room for additional plumbing service to a basement apartment. The house at 1005 Muscatine had to be completely gutted to reconvert it back to single family home use. The house at 1026 E. Washington St. was leased to a party of unrelated people by an absentee landlord, and subsequently sustained major water damage through neglect of the plumbing system. The homes that stayed in good condition were the ones that remained single family homes. Partitioned houses, in particular, incur substantial and permanent physical changes, due to the partitioning process and the separation of utilities. Multi-partitioned homes with separate utilities most likely will never return to their original single family home status. The history of this very neighborhood shows that trends do change, and the multi-unit trend in this case resulted in permanent damage to older homes in our area. If the balance starts to tip again in the direction of converting older homes to rental properties, it will become less and less appealing for the families living in this neighborhood to stay. Owners who choose to sell will find it most lucrative to sell to buyers favoring multiple unit development. Down-zoning to RNC-12 the bulk of the area, and RS-8 for the recommended portion, will help prevent further damage to the older homes in our neighborhood, and help lock in the diverse mix that characterizes the neighborhood at this time. I respectfully ask the Council members to consider these issues, as well as the time and expertise that members of the Planning and Zoning Commission have already invested into their down-zoning recommendation, and the large amount of public input that was considered in the Commission' s recommendation. I respectfully ask that the Council follow the Planning and Zoning Commission's recommendation, by approving the RNC-12 and RS-8 compromise. Thank you, z,4~/~ Karen Roberts 1015 Muscatine Avenue , ' oa. II, ooo My name is Steve Roberts. My family and I live at 1015 Muscatine Avenue. Regarding the request for neighborhood down-zoning submitted by Ms. Julie Cassell, I agree with Ms. Cassell's request to down-zone the area to a stabilizing classification erRS-8. During previous Planning and Zoning Commission meetings, Mr. Yapp made it clear that a non-conforming, damaged property could be rebuilt within the same footprim, to its previous level of density. We have since recon~rmed with Mr. Yapp that even if a non-conforming property bums to the ground, if its foundation remains usable, that property can be rebuilt. This was not adequately clarified during the last Council meeting. Also, the section of Muscatine Avenue located between Iowa Avenue and Burlington Street, is properly termed a "higher functioning collector street", not an "arterial", as Mr. Kanner was incorrectly told at the last Council meeting. This is an important distinction when considering the future use of a neighborhood, as is being done with this down-zoning request. I do support the RS-8 and RNC-12 compromise recommended by the Planning and Zoning Commission, as a measure that will prevent the likely reversion of the neighborhood back to predominamly multi- family studera housing and halfway houses. I do not know of anyone resubmitting their Planning and Zoning letters to the Council. I believe we saved you a lot of reading right there, and as Planning and Zoning can tell you, there were many, many letters in favor of this rezoning. So, given that, here is some fresh reading in favor of the rezoning request... I offer a reason for stabilizing this near dowmown neighborhood now that it has reached its currein mix of differera inhabitants - student, professional, and blue collar. It is a mix of housing characteristics that mimics the multipurpose functions utilized in our downtown areas. For our downtown to be successful, we have little choice but to mix University of Iowa functions with Iowa City community functions in the downtown area. It is pretty clear that the Old Capital Mall, Civic Center, Recreation Center, Senior Cemer, and Library (possibly expanded) will remain downtown, along with Jessup Hall, the Old Capital, Engineering, Business, and Physics buildings, etc. These institutions, along with non-bar, non-headshop businesses dowmown, serve a variety of populations, including those living in single family housing. Even though dowmown parking is improving, I cornend that the people who use dowmown and appreciate it the very most, are the people living closest and most conveniem to downtown, be they studeros, janitors who clean up after studeros, or psychiatrists that help families and students cope with the high density issues of the areas that we live in. Such is the heterogeneous mix of neighborhood characteristics, densities, and dwelling types that we have thus far attained. People living in single family housing within walking distance of dowmown, provide the core of a critical mass of non-students using the downtown. These non-students go a long way in keeping downtown non- University institutions and enterprises viable and interesting to the people who have to drive and park to use them. Although properties near downtown are much more profitable to redevelop as multi-family residences than as single family residences, if high density zoning near dowmown is overdone, dowmown will truly become University Village. The demographics of the last 10-20 years have favored single family resurgence in this near dowmown neighborhood. Halfway houses for prisoners have become single family homes, for e pie. The demographics will not last, however, as the baby boomers leave their childbearing ye'~a~n~,ghindrz.;Without significam down-zoning here, I predict that this core of non-studem housing will surelg)cli~inish,::duet,~, the economic pressures for profitable studera housing, a temporarily lagging of downtoWfifvitali~, the lure of other, more family-friendly areas. The investmems that the Iowa City commi~ity ha~s_,made.i~, the downtown area, reflects its intention to keep the downtown accessible and appealing:_t~-the v~hole community, not to serve only the University of Iowa. To use a personal example of which I am familiar, when my wife and I had our first child in 1990, we converted our duplex back to a single family home. Despite gaping wounds in the structure from its former duplex configuration, it works well for us, as the utilities had not been separated out. We walk and drive downtown for cultural events, shopping, employment, and entertainment. Our home was previously a non-conforming duplex, so having given up our duplex rental permit, we can no longer obtain one. I have been told by numerous landlords, that giving up the duplex rental permit will cost us a lot of money in the long run. However, that is the price we single family residence dwellers must be willing to pay to live 6-8 blocks from downtown. By accepting the down-zoning solution, we single family residence owners are also forfeiting potential future value as rental property; in doing so, we are accepting a property value drop, at least temporarily, in return for greater long-term good that includes stability of the neighborhood mix. I have been here since 1983, and do not intend to move soon, Lord willing. However, if the owner of the quad-plexed single family home with parking 20' from my dining room window, buys the neighbor's house next door to her, she will likely "plex" it out also, and install parking 20' from my living room window. Then later, aeter a period of depreciation, she could knock them both down and "put up a hotel", to borrow a phrase from the board game Monopoly. We would not last long here in that case, and would likely sell to the highest bidder, adding further momentum to multi-family housing resurgence. This individual example of pressure on a single family home owner is multiplied when considered on a neighborhood scale. The recommended RNC-12 and RS-8 compromise will prevent this scenario from ever becoming reality, while causing little or no hardship to non-conforming properties. I urge you to vote yes for this zoning request, as it is not only good for us and our neighbors, but good for the downtown, and therefore good for Iowa City. Thank you for your consideration of this matter. Marian Karr From: Martin Cassell [martin-cassell@uiowa.edu] Sent: Wednesday, October 11,2000 12:19 PM To: council@iowa-city.org Subject: Rezoning application Members of the Council, My wife Julie and I are the applicants for the rezoning of the Washington St.-Iowa Ave.-Muscatine Ave.-N. Summit blocks discussed at the last (October 3rd.) Council meeting. We, and the majority of residents in this area, would like to urge you all to support this rezoning application. The area in question is currently zoned RM12 and RNC20, and we have requested that the area be rezoned RS8. As we presented at the public hearing, the principal reasons for us requesting this re-zoning are: the significant numbers of single-family dwellings in the area, particularly in the Washington-Iowa-Governor-Muscatine block currently zoned RM12; the desire by the majority of property owners (including 6 of 10 rental property owners)in the area and surrounding neighbourhoods to preserve the current mix and balance of dwellings; and to maintain, and hopefully to encourage development of, an affordable residential district in the near vicinity of downtown. Our application for down-zoning the whole area to RS8 was rejected by the Planning and Zoning Committe who did, however, support the Planning staff's recommendation for a mixed RSS/RNC12 for the area. This mixed zoning would make only one property in the area non-compliant, instead of 11 with the RS8, and has the support of some rental propertry owners who opposed the RS8. Even though it was rejected by the Planning and Zoning Committee, and does make a significant number of rental properties non-compliant, we urge you to support the RS8 zoning of the whole area. This offers the greatest protection from dramatic changes in the make-up of properties in the neighbourhood, and also sends a clear message to the public that the Council is committed to fostering the preservation and development of one of the few largely single-family neighbourhoods remaining in the near downtown area. A number of you made neighbourhood protection and preservation part of your election platform, and we encourage you to now put that platform into effect. If you feel that rezoning to RS8 would adversely affect too many rental properties through non-compliance, we would urge you to support the mixed rezoning plan preferred by the Planning and Zoning committee. Only one rental property would be adversely affected and considerable protection of the neighbourhood would still be given. However, we would ask that the properties along Governor St. at the western edge of the area be included in the RS8 zone proposed for the whole block, and not RNC12 as proposed by the staff plan. Thank you for your careful consideration, Martin and Julie Cassell River City Housing Cooperative 802 East Washington Iowa City, Iowa 52240 Tuesday, October 10, 2000 Dear Honorable Mayor and City Council Members of Iowa City, We are writing on behalf of River City Housing Collective (RCHC) a not-for-profit housing co- operative dedicated to providing low-cost housing in a family-style atmosphere. One of our houses, located at 200 Summit St. is included in the proposed area. We advocate this RNC-12 zoning recommended by the Planning and Zoning Committee for our neighborhood rather than RS-8. RNC-12 fulfills the purpose of "preserv [ing] the existing character of the neighborhood by stabilizing the existing mix of land uses and preventing single Au .3rd . family properties from being redeveloped" (staff report, g ) However, it does not encroach upon already existing multi-family dwellings. It's silly to create a policy where 37% of existing residents are considered non-conforming. This will develop an unwelcoming demeanor within our currently amiable community. We suspect that many of the supporters of the RS-8 downzone are under informed, as their comments actually affirm RNC-12. RS-8 would hurt the non-conforming entities, such as ours, by severely limiting our ability to make improvements on our homes, as well as prevent us from rebuilding them should disaster strike. You would not want to take away the freedom of individual home owners to adapt their homes, so why would Iowa City want to take that crucial freedom away from us? Yours Sincerely, RCHC Board of Directors Michal Lynch, Presiden )a, col~' Thomas, Vice President e e ous , reasurer Sff~hn Lay e Brokken Sabrina Taylor _-;' NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CONSTRUCTION OF THE MERCER PARK CONCESSION AND RESTROOM FACILITY PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Mercer Park Concession and Restroom Facility Project in said City at 7 p.m. on the 17th day of October, 2000, said meeting to be held in the Council Chambers in the Civic Center in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments conceming said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARlAN K. KARR, CITY CLERK parks/nph-mercer.doc R-1